N° 972
CONVENTION1 DE GENEVE
RELATIVE AU TRAITEMENT DES
PRISONNIERS DE GUERRE
DU 12 AOUT 1949
No. 972
GENEVA CONVENTION1
RELATIVE TO THE TREATMENT
OF PRISONERS OF WAR
OF AUGUST 12, 1949
1 Entrée en vigueur le 21 octobre 1950, six
mois après le dépôt auprès du Conseil fédéral
suisse du deuxième instrument de ratification,
conformément a l'article 58.
On trouvera ci-après la liste des Etats qui
ont déposé leur instrument de ratification
avec pour chacun d'eux la date du dépôt de
cet instrument et la date d'entrée en vigueur
de la Convention:
Suisse .....
Yougoslavie .
Monaco . ..
Liechtenstein
Date
du dépôt
31-3-50
21-4-50
5-7-50
21-9-50
Date à'entrêt
en vigueur
21-10-50
21-10-50
5- 1-51
21- 3-51
1 Camc into force on 21 October 1950, six
months after the deposit with the Swiss Fed
eral Council of the second instrument of
ratification, in accordance with article 138.
Following is the list of States having
deposited their instrument of ratification, in
dicating in respect of each State the date of
deposit of the instrument of ratification and
the date of entry into force of the Convention;
Date
Date
of entry intoof deposit
force
Switzerland ......
31-3-50
21-10-50
Yugoslavia ......
21-4-50
21-10-50
Monaco ........
5-7-50
5- 1-51
Liechtenstein ....
21-9-50
21- 3-51
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The undersigned Plenipotentiaries of the Governments represented at the
Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the
purpose of revising the Convention concluded at Geneva on July 27, 1929? relative
to the Treatment of Prisoners of War, have agreed as follows :
PART I
GENERAL PROVISIONS
ARTICLE
I
The High Contracting Parties undertake to respect and to ensure respect for the
present Convention in all circumstances.
ARTICLE 2
In addition to the provisions which shall be implemented in peace time, the
present Convention shall apply to all cases of declared war or of any other armed conflict
which may arise between two or more of the High Contracting Parties, even if the state
of war is not recognized by one of them.
The Convention shall also apply to all cases of partial or total occupation of the
territory of a High Contracting Party, even if the said occupation meets with no armed
resistance.
Although one of the Powers in conflict may not be a party to the present Conven
tion, the Powers who are parties thereto shall remain bound by it in their mutual
relations. They shall furthermore be bound by the Convention in relation to the
said Power, if the latter accepts and applies the provisions thereof.
ARTICLE 3
In the case of armed conflict not of an international character occurring in the
territory of one of the High Contracting Parties, each Party to the conflict shall be bound
to apply, as a minimum, the following provisions :
(i) Persons taking no active part in the hostilities, including members of armed
forces who have laid down their arms and those placed hors de combat by
sickness, wounds, detention, or any other cause, shall in all circumstances be
treated humanely, without any adverse distinction founded on race, colour,
religion or faith, sex, birth or wealth, or any other similar criteria.
To this end the following acts are and shall remain prohibited at any
time and in any place whatsoever with respect to the above-mentioned persons ;
1 Sec note 4, p. 6.
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(a) violence to life and person, in particular murder of all kinds, mutilation,
cruel treatment and torture ;
(b) taking of hostages ;
(c) outrages upon personal dignity, in particular, humiliating and
degrading treatment ;
(d) the passing of sentences and the carrying out of executions without
previous judgment pronounced by a regularly constituted court
affording all the judicial guarantees which are recognized as indis
pensable by civilized peoples.
(2) The wounded and sick shall be collected and cared for.
An impartial humanitarian body, such as the International Committee of the
Red Cross, may offer its services to the Parties to the conflict.
The Parties to the conflict should further endeavour to bring into force, by means of
special agreements, all or part of the other provisions of the present Convention.
The application of the preceding provisions shall not affect the legal status of the
Parties to the conflict.
ARTICLE 4
A. Prisoners of war, in the sense of the present Convention, are persons belonging
to one of the following categories, who have fallen into the power of the enemy:
(1) Members of the armed forces of a Party to the conflict, as well as members of
militias or volunteer corps forming part of such armed forces.
(2) Members of other militias and members of other volunteer corps, including those
of organized resistance movements, belonging to a Party to the conflict and
operating in or outside their own territory, even if this territory is occupied,
provided that such militias or volunteer corps, including such organized
resistance movements, fulfil the following conditions :
(a) that of being commanded by a person responsible for his subordinates ;
(b) that of having a fixed distinctive sign recognizable at a distance;
(c) that of carrying arms openly;
(d) that of conducting their operations in accordance with the laws and
customs of war.
(3) Members of regular armed forces who profess allegiance to a government or
an authority not recognized by the Detaining Power.
(4) Persons who accompany the armed forces without actually being members
thereof, such as civilian members of military aircraft crews, war correspondents,
supply contractors, members of labour units or of services responsible for the
welfare of the armed forces, provided that they have received authorization
from the armed forces which they accompany, who shall provide them for that
purpose with an identity card similar to the annexed model.
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(5}
Members of crews, including masters, pilots and apprentices, of the merchant
marine and the crews of civil aircraft of the Parties to the conflict, who do not
benefit by more favourable treatment under any other provisions of international
law.
(6)
Inhabitants of a non-occupied territory, who on the approach of the enemy
spontaneously take up arms to resist the invading forces, without having had
time to form themselves into regular armed units, provided they carry arms
openly and respect the laws and customs of war.
B. The following shall likewise be treated as prisoners of war under the present
Convention :
(1)
Persons belonging, or having belonged, to the armed forces of the occupied
country, if the occupying Power considers it necessary by reason of such alle
giance to intern them, even though it has originally liberated them while
hostilities were going on outside the territory it occupies, in particular where
such persons have made an unsuccessful attempt to rejoin the armed forces to
which they belong and which are engaged in combat, or where they fail to
comply with a summons made to them with a view to internment.
(2)
The persons belonging to one of the categories enumerated in the present Article,
who have been received by neutral or non-belligerent Powers on their territory
and whom these Powers are required to intern under international law, without
prejudice to any more favourable treatment which these Powers may choose
to give and with the exception of Articles 8, 10, 15, 30, fifth paragraph, 58-67,
92, 126 and, where diplomatic relations exist between the Parties to the
conflict and the neutral or non-belligerent Power concerned, those Articles
concerning the Protecting Power. Where such diplomatic relations exist, the
Parties to a conflict on whom these persons depend shall be allowed to
perform towards them the functions of a Protecting Power as provided in
the present Convention, without prejudice to the functions which these
Parties normally exercise in conformity with diplomatic and consular usage
and treaties.
C. This Article shall in no way affect the status of medical personnel and chaplains
as provided for in Article 33 of the present Convention.
ARTICLE 5
The present Convention shall apply to the persons referred to in Article 4 from the
time they fall into the power of the enemy and until their final release and repatriation.
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Should any doubt arise as to whether persons, having committed a belligerent
act and having fallen into the hands of the enemy, belong to any of the categories
enumerated in Article 4, such persons shall enjoy the protection of the present Con
vention until such time as their status has been determined by a competent tribunal.
ARTICLE 6
In addition to the agreements expressly provided for in Articles 10, 23, 28, 33, 60,
65, 66, 67, 72, 73, 75, 109, no, 118, 119, 122 and 132, the High Contracting Parties
may conclude other special agreements tor all matters concerning which they may
deem it suitable to make separate provision. No special agreement shall adversely
affect the situation of prisoners of war, as defined by the present Convention, nor
restrict the rights which it confers upon them.
Prisoners of war shall continue to have the benefit of such agreements as long as
the Convention is applicable to them, except where express provisions to the contrary
are contained in the aforesaid or in subsequent agreements, or where more favourable
measures have been taken with regard to them by one or other of the Parties to
the conflict.
ARTICLE 7
Prisoners of war may in no circumstances renounce in part or in entirety the rights
secured to them by the present Convention, and by the special agreements referred to
in the foregoing Article, if such there be.
ARTICLE 8
The present Convention shall be applied with the cooperation and under the scrutiny
of the Protecting Powers whose duty it is to safeguard the interests of the Parties to the
conflict, For this purpose, the Protecting Powers may appoint, apart from their diplomatic
or consular staff, delegates from amongst their own nationals or the nationals of other
neutral Powers. The said delegates shall be subject to the approval of the Power with
which they are to carry out their duties.
The Parties to the conflict shall facilitate to the greatest extent possible the task
of the representatives or delegates of the Protecting Powers.
The representatives or delegates of the Protecting Powers shall not in any case exceed
their mission under the present Convention. They shall, in particular, take account of
the imperative necessities of security of the State wherein they carry out their duties.
ARTICLE 9
The provisions of the present Convention constitute no obstacle to the humanitarian
activities which the International Committee of the Red Cross or any other impartial
144__________United Nations — Treaty Series_________1950
humanitarian organization may, subject to the consent of the Parties to the conflict
concerned, undertake for the protection of prisoners of war and for their relief.
ARTICLE 10
The High Contracting Parties may at any time agree to entrust to an organization
which offers all guarantees of impartiality and efficacy the duties incumbent on the
Protecting Powers by virtue of the present Convention.
When prisoners of war do not benefit or cease to benefit, no matter for what reason,
by the activities of a Protecting Power or of an organization provided for in the first
paragraph above, the Detaining Power shall request a neutral State, or such an organi
zation, to undertake the functions performed under the present Convention by a
Protecting Power designated by the Parties to a conflict.
If protection cannot be arranged accordingly, the Detaining Power shall request or
shall accept, subject to the provisions of this Article, the offer of the services
of a humanitarian organization, such as the International Committee of the Red Cross,
to assume the humanitarian functions performed by Protecting Powers under the
present Convention.
Any neutral Power or any organization invited by the Power concerned or offering
itself for these purposes, shall be required to act with a sense of responsibility towards the
Party to the conflict on which persons protected by the present Convention depend, and
shall be required to furnish sufficient assurances that it is in a position to undertake the
appropriate functions and to discharge them impartially.
No derogation from the preceding provisions shall be made by special agreements
between Powers one of which is restricted, even temporarily, in its freedom to negotiate
with the other Power or its allies by reason of military events, more particularly where
the whole, or a substantial part, of the territory of the said Power is occupied.
Whenever in the present Convention mention is made of a Protecting Power, such
mention applies to substitute organizations in the sense of the present Article.
ARTICLE II
In cases where they deem it advisable in the interest of protected persons
particularly in cases of disagreement between the Parties to the conflict as to the appli
cation or interpretation of the provisions of the present Convention, the Protecting
Powers shall lend their good offices with a view to settling the disagreement.
For this purpose, each of the Protecting Powers may, either at the invitation of one
Party or on its own initiative, propose to the Parties to the conflict a meeting of their
representatives, and in particular of the authorities responsible for prisoners of war,
possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound
to give effect to the, proposals made to them for this purpose. The Protecting Powers
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may, if necessary, propose for approval by the Parties to the conflict a person belonging
to a neutral Power, or delegated by the International Committee of the Red Cross, who
shall be invited to take part in such a meeting.
PART II
GENERAL PROTECTION OF PRISONERS OF WAR
ARTICLE 12
Prisoners of war are in the hands of the enemy Power, but not oï the individuals
or military units who have captured them. Irrespective of the individual responsibilities
that may exist, the Detaining Power is responsible for the treatment given them.
Prisoners of war may only be transferred by the Detaining Power to a Power which
is a party to the Convention and after the Detaining Power has satisfied itself of the
willingness and ability of such transferee Power to apply the Convention. When
prisoners of war are transferred under such circumstances, responsibility for the applica
tion of the Convention rests on the Power accepting them white they are in its custody.
Nevertheless, if that Power fails to carry out the provisions of the Convention in
any important respect, the Power by whom the prisoners of war were transferred shall,
upon being notified by the Protecting Power, take effective measures to correct the
situation or shall request the return of the prisoners of war. Such requests must be
complied with.
ARTICLE 13
Prisoners of war must at all times be humanely treated. Any unlawful act
or omission by the Detaining Power causing death or seriously endangering the health
of a prisoner of war in its custody is prohibited, and will be regarded as a serious breach
of the present Convention. In particular, no prisoner of war may be subjected to physical
mutilation or to medical or scientific experiments of any kind which are not justified
by the medical, dental or hospital treatment of the prisoner concerned and carried out
in his interest.
Likewise, prisoners of war must at all times be protected, particularly against acts
of violence or intimidation and against insults and public curiosity.
Measures of reprisal against prisoners of war are prohibited.
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ARTICLE 14
Prisoners of war are entitled in all circumstances to respect for their persons and
their honour.
Women shall be treated with all the regard due to their sex and shall in all cases
benefit by treatment as favourable as that granted to men.
Prisoners of war shall retain the full civil capacity which they enjoyed at the time of
their capture. The Detaining Power may not restrict the exercise, either within or
without its own territory, of the rights such capacity confers except in so far as the
captivity requires.
ARTICLE 15
The Power detaining prisoners of war shall be bound to provide free of charge for
their maintenance and for the medical attention required by their state of health.
ARTICLE 16
Taking into consideration the provisions of the present Convention relating to rank
and sex, and subject to any privileged treatment which may be accorded to them by
reason of their state of health, age or professional qualifications, all prisoners of war shall
be treated alike by the Detaining Power, without any adverse distinction based on
race, nationality, religious belief or political opinions, or any other distinction founded
on similar criteria.
PART III
CAPTIVITY
SECTION I
BEGINNING OF CAPTIVITY
ARTICLE I?
Every prisoner of war, when questioned on the subject, is bound to give only his
surname, first names and rank, date of birth, and army, regimental, personal or serial
number, or failing this, equivalent information.
If he wilfully infringes this rule, he may render himself liable to a restriction of the
privileges accorded to his rank or status.
Each Party to a conflict is required to furnish the persons under its jurisdiction who
are liable to become prisoners of war, with an identity card showing the owner's surname.
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first names, rank, array, regimental, personal or serial number or equivalent information,
and date of birth. The identity card may, furthermore, bear the signature or the finger
prints, or both, of the owner, and may bear, as well, any other information the Party to
the conflict may wish to add concerning persons belonging to its armed forces, As far
as possible the card shall measure 6.5x10 cm, and shall be issued in duplicate. The
identity card shall be shown by the prisoner of war upon demand, but may in no case
be taken away from him.
No physical or mental torture, nor any other form of coercion, may be inflicted on
prisoners of war to secure from them information of any kind whatever. Prisoners of war
who refuse to answer may not be threatened, insulted, or exposed to unpleasant or
disadvantageous treatment of any kind.
Prisoners of war who, owing to their physical or mental condition, are unable to
state their identity, shall be handed over to the medical service. The identity of such
prisoners shall be established by all possible means, subject to the provisions of the
preceding paragraph.
The questioning of prisoners of war shall be carried out in a language which they
understand.
ARTICLE 18
All effects and articles of personal use, except arms, horses, military equipment and
military documents, shall remain in the possession of prisoners of war, likewise their
metal helmets and gas masks and like articles issued for personal protection. Effects
and articles used for their clothing or feeding shall likewise remain in their possession,
even if such effects and articles belong to their regulation military equipment.
At no time should prisoners of war be without identity documents. The Detaining
Power shall supply such documents to prisoners of war who possess none.
Badges of rank and nationality, decorations and articles having above all a personal
or sentimental value may not be taken from prisoners of war.
Sums of money carried by prisoners of war may not be taken away from them except
by order of an officer, and after the amount and particulars of the owner have been recorded
in a special register and an itemized receipt has been given, legibly inscribed with the
name, rank and unit of the person issuing the said receipt. Sums in the currency of the
Detaining Power, or which are changed into such currency at the prisoner's request,
shall be placed to the credit of the prisoner's account as provided in Article 64.
The Detaining Power may withdraw articles of value from prisoners of war only for
reasons of security; when such articles are withdrawn, the procedure laid down for sums
of money impounded shall apply.
Such objects, likewise sums taken away in any currency other than that of the
Detaining Power and the conversion of which has not been asked for by the owners.
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shall be kept in the custody of the Detaining Power and shall be returned in their initial
shape to prisoners of war at the end of their captivity.
ARTICLE 19
Prisoners of war shall be evacuated, as soon as possible after their capture, to camps
situated in an area far enough from the combat zone for them to be out of danger.
Only those prisoners of war who, owing to wounds or sickness, would run greater
risks by being evacuated than by remaining where they are, may be temporarily kept
back in a danger zone.
Prisoners of war shall not be unnecessarily exposed to danger while awaiting evacua
tion from a fighting zone.
ARTICLE 20
The evacuation of prisoners of war shall always be effected humanely and in condi
tions similar to those for the forces of the Detaining Power in their changes of station.
The Detaining Power shall supply prisoners of war who are being evacuated with
sufficient food and potable water, and with the necessary clothing and medical attention.
The Detaining Power shall take all suitable precautions to ensure their safety during
evacuation, and shall establish as soon as possible a list of the prisoners of war who are
evacuated.
If prisoners of war must, during evacuation, pass through transit camps, their stay
in such camps shall be as brief as possible.
SECTION II
INTERNMENT OF PRISONERS OF WAR
CHAPTER I
GENERAL OBSERVATIONS
ARTICLE 21
The Detaining Power may subject prisoners of war to internment. It may impose
on them the obligation of not leaving, beyond certain limits, the camp where they are
interned, or if the said camp is fenced in, of not going outside its perimeter. Subject to
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the provisions of the present Convention relative to penal and disciplinary sanctions,
prisoners of war may not be held in close confinement except where necessary to.
safeguard their health and then only during the continuation of the circumstances
which make such confinement necessary.
Prisoners of war may be partially or wholly released on parole or promise, in so far
as is allowed by the laws of the Power on which they depend. Such measures shall be
taken particularly in cases where this may contribute to the improvement of their state
of health. No prisoner of war shall be compelled to accept liberty on parole or promise.
Upon the outbreak of hostilities, each Party to the conflict shall notify the adverse
Party of the laws and regulations allowing or forbidding its own nationals to accept
liberty on parole or promise. Prisoners of war who are paroled or who have given their
promise in conformity with the laws and regulations so notified, are bound on their
personal honour scrupulously to fulfil, both towards the Power on which they depend and
towards the Power which has captured them, the engagements of their paroles or pro
mises. In such cases, the Power on which they depend is bound neither to require nor
to accept from them any service incompatible with the parole or promise given.
ARTICLE 22
Prisoners of war may be interned only in premises located on land and affording
every guarantee of hygiene and healthfulness. Except in particular cases which are
justified by the interest of the prisoners themselves, they shall not be interned in peniten
tiaries.
Prisoners of war interned in unhealthy areas, or where the climate is injurious
for them, shall be removed as soon as possible to a more favourable climate.
The Detaining Power shall assemble prisoners of war in camps or camp compounds
according to their nationality, language and customs, provided that such prisoners
shall not be separated from prisoners of war belonging to the armed forces with which
they were serving at the time of their capture, except with their consent.
ARTICLE 23
No prisoner of war may at any time be sent to, or detained in areas where he may
be exposed to the fire of the combat zone, nor may his presence be used to render certain
points or areas immune from military operations.
Prisoners of war shall have shelters against air bombardment and other hazards
of war, to the same extent as the local civilian population. With the exception of those
engaged in the protection of their quarters against the aforesaid hazards, they may
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(b) correspondence and reports relating to prisoners of war which the Protecting
Powers, the International Committee of the Red Cross or any other body
assisting the prisoners, exchange either with their own delegates or with the
Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to
arrange other means of transport, if it should so prefer, nor preclude the granting of
safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means
of transport shall be borne proportionally by the Parties to the conflict whose nationals
are benefited thereby.
ARTICLE 76
The censoring of correspondence addressed to prisoners of war or despatched by
them shall be done as quickly as possible. Mail shall be censored only by the despatching
State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried
out under conditions that will expose the goods contained in them to deterioration;
except in the case of written or printed matter, it shall be done in the presence of the
addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of
individual or collective consignments shall not be delayed under the pretext of difficul
ties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for
military or political reasons, shall be only temporary and its duration shall be as short
as possible.
ARTICLE 77
The Detaining Powers shall provide all facilities for the transmission, through the
Protecting Power or the Central Prisoners of War Agency provided for in Article 123,
of instruments, papers or documents intended for prisoners of war or despatched by
them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents
on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer
and shall take what measures are necessary for the authentication of their signatures.
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ARTICLE 26
The basic daily food rations shall be sufficient in quantity, quality and variety to
keep prisoners of war in good health and to prevent loss of weight or the development of
nutritional deficiencies. Account shall also be taken of the habitual diet of the prisoners.
The Detaining Power shall supply prisoners of war who work with such additional
rations as are necessary for the labour on which they are employed,
Sufficient drinking water shall be supplied to prisoners of war. The use of tobacco
shall be permitted.
Prisoners of war shall, as far as possible.be associated with the preparation of their
meals; they may be employed for that purpose in the kitchens. Furthermore, they shall
be given the means of preparing, themselves, the additional food in their possession.
Adequate premises shall be provided for messing.
Collective disciplinary measures affecting food are prohibited.
ARTICLE 27
Clothing, underwear and footwear shall be supplied to prisoners of war m sufficient
quantities by the Detaining Power, which shall make allowance for the climate of the
region where the prisoners are detained. Uniforms of enemy armed forces captured by
the Detaining Power should, if suitable for the climate, be made available to clothe
prisoners of war.
The regular replacement and repair of the above articles shall be assured by the
Detaining Power. In addition, prisoners of war who work shall receive appropriate
clothing, wherever the nature of the work demands.
ARTICLE 28
Canteens shall be installed in all camps, where prisoners of war may procure food
stuffs, soap and tobacco and ordinary articles in daily use. The tariff shall never be in
excess of local market prices.
The profits made by camp canteens shall be used for the benefit of the prisoners;
a special fund shall be Created for this purpose. The prisoners' representative shall have
the right to collaborate in the management of the canteen and of this fund.
When a camp is closed down, the credit balance of the special fund shall be handed to
an international welfare organization, to be employed for the benefit of prisoners of war
of the same nationality as those who have contributed to the fund. In case of a general
repatriation, such profits shall be kept by the Detaining Power, subject to any agreement
to the contrary between the Powers concerned.
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CHAPTER III
HYGIENE AND MEDICAL ATTENTIONARTICLE 29
The Detaining Power shall be bound to take all sanitary measures necessary to
ensure the cleanliness and healthfulness of camps and to prevent epidemics.
Prisoners of war shall have for their use, day and night, conveniences which conform
to the rules of hygiene and are maintained in a constant state of cleanliness. In any
camps in which women prisoners of war are accommodated, separate conveniences shall
be provided for them.
Also, apart from the baths and showers with which the camps shall be furnished,
prisoners of war shall be provided with sufficient water and soap for their personal toilet
and for washing their personal laundry ; the necessary installations, facilities and time
shall be granted them for that purpose,
ARTICLE 30
Every camp shall have an adequate infirmary where prisoners of war may have the
attention they require, as well as appropriate diet. Isolation wards shall, if necessary,
be set aside for cases of contagious or mental disease.
Prisoners of war suffering from serious disease, or whose condition necessitates spe
cial treatment, a surgical operation or hospital care, must be admitted to any military
or civilian medical unit where such treatment can be given, even if their repatriation
is contemplated in the near future. Special facilities shall be afforded for the care to be
given to the disabled, in particular to the blind, and for their, rehabilitation, pending
repatriation.
Prisoners of war shall have the attention, preferably, of medical personnel of the
Power on which they depend and, if possible, of their nationality.
Prisoners of war may not be prevented from presenting themselves to the medical
authorities for examination. The detaining authorities shall, upon request, issue to every
prisoner who has undergone treatment, an official certificate indicating the nature of
his illness or injury, and the duration and kind of treatment received, A duplicate of
this certificate shall be forwarded to the Central Prisoners of War Agency,
The costs of treatment, including those of any apparatus necessary for the mainten
ance of prisoners of war in good health, particularly dentures and other artificial appli
ances, and spectacles, shall be borne by the Detaining Power.
ARTICLE 31
Medical inspections of prisoners of war shall be held at least once a month. They
shall include the checking and the recording of the weight of each prisoner of war.
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Their purpose shall be, in particular, to supervise the general state of health, nutrition
and cleanliness of prisoners and to detect contagious diseases, especially tuberculosis,
malaria and venereal disease. For this purpose the most efficient methods available
shall be employed, e.g. periodic mass miniature radiography for the early detection of
tuberculosis,
ARTICLE 32
Prisoners of war who, though not attached to the medical service of their armed
forces, are physicians, surgeons, dentists, nurses or medical orderlies, may be required
by the Detaining Power to exercise their medical functions in the interests of prisoners of
war dependent on the same Power. In that case they shall continue to be prisoners of
war, but shall receive the same treatment as corresponding medical personnel retained
by the Detaining Power. They shall be exempted from any other work under Article 49.
CHAPTER IV
MEDICAL PERSONNEL AND CHAPLAINS
RETAINED TO ASSIST PRISONERS OF WAR
ARTICLE 33
Members of the medical personnel and chaplains while retained by the Detaining
Power with a view to assisting prisoners of war, shall not be considered as prisoners of
war. They shall, however, receive as a minimum the benefits and protection of the
present Convention, and shall also be granted all facilities necessary to provide for the
medical care of, and religious ministration to prisoners of war.
They shall continue to exercise their medical and spiritual functions for the benefit
of prisoners of war, preferably those belonging to the armed forces upon which they
depend, within the scope of the military laws and regulations of the Detaining Power
and under the control of its competent services, in accordance with their professional
etiquette. They shall also benefit by the following facilities in the exercise of their
medical or spiritual functions:
(a) They shall be authorized to visit periodically prisoners of war situated in
working detachments or in hospitals outside the camp. For this purpose, the
Detaining Power shall place at their disposal the necessary means of transport.
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(b) The senior medical officer in each camp shall be responsible to the camp military
authorities for everything connected with the activities of retained medical
personnel. For this purpose, Parties to the conflict shall agree at the outbreak
of hostilities on the subject of the corresponding ranks of the medical per
sonnel, including that of societies mentioned in Article 26 of the Geneva
Convention for the Amelioration of the Condition of the Wounded and Sick in
Armed Forces in the Field of August 12, 1949? This senior medical officer, as
well as chaplains, shall have the right to deal with the competent authorities of
the camp on all questions relating to their duties. Such authorities shall afford
them all necessary facilities for correspondence relating to these questions.
(c) Although they shall be subject to the internal discipline of the camp in which
they are retained, such personnel may not be compelled to carry out any work
other than that concerned with their medical or religious duties.
During hostilities, the Parties to the conflict shall agree concerning the possible
relief of retained personnel and shall settle the procedure to be followed.
None of the preceding provisions shall relieve the Detaining Power of its obligations
with regard to prisoners of war from the medical or spiritual point of view.
CHAPTER V
RELIGIOUS, INTELLECTUAL AND PHYSICAL ACTIVITIES
ARTICLE 34
Prisoners of war shall enjoy complete latitude in the exercise of their religious
duties, including attendance at the service of their faith, on condition that they comply
with the disciplinary routine prescribed by the military authorities.
Adequate premises shall be provided where religious services may be held.
ARTICLE 35
Chaplains who fall into the hands of the enemy Power and who remain or are
retained with a view to assisting prisoners of war, shall be allowed to minister to them
and to exercise freely their ministry amongst prisoners of war of the same religion, in
accordance with their religious conscience. They shall be allocated among the various
camps and labour detachments containing prisoners of war belonging to the same forces,
speaking the same language or practising the same religion. They shall enjoy the necessary
facilities, including the means of transport provided for in Article 33, for visiting the
prisoners of war outside their camp. They shall be free to correspond, subject to censor'Set p. 31.
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ship, on matters concerning their religious duties with the ecclesiastical authorities in the
country of detention and with international religious organizations. Letters and
cards which they may send for this purpose shall be in addition to the quota provided
for in Article 71.
ARTICLE 36
Prisoners of war who are ministers of religion, without having officiated as chaplains
to their own forces, shall be at liberty, whatever their denomination, to minister freely to
the members of their community. For this purpose, they shall receive the same treatment
as the chaplains retained by the Detaining Power. They shall not be obliged to do any
other work.
ARTICLE 37
When prisoners of war have not the assistance of a retained chaplain or of a
prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar
denomination, or in his absence a qualified layman, if such a course is feasible from a
confessional point of view, shall be appointed, at the request of the prisoners concerned,
to fill this office. This appointment, subject to the approval of the Detaining Power,
shall take place with the agreement of the community of prisoners concerned and,
wherever necessary, with the approval of the local religious authorities of the same
faith. The person thus appointed shall comply with all regulations established by the
Detaining Power in the interests of discipline and military security.
ARTICLE 38
While respecting the individual preferences of every prisoner, the Detaining Power
shall encourage the practice of intellectual» educational, and recreational pursuits, sports
and games amongst prisoners, and shall take the measures necessary to ensure the
exercise thereof by providing them with adequate premises and necessary equipment.
Prisoners shall have opportunities for taking physical exercise, including sports and
games, and for being out of doors. Sufficient open spaces shall be provided for this
purpose in all camps.
CHAPTER VI
DISCIPLINE
ARTICLE 39
Every prisoner of war camp shall be put under the immediate authority of a re
sponsible commissioned officer belonging to the regular armed forces of the Detaining
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Power. Such officer shall have in his possession a copy of the present Convention;
he shall ensure that its provisions are known to the camp staff and the guard and shall
be responsible, under the direction oi his government, for its application.
Prisoners of war, with the exception of officers, must salute and show to all officers
of the Detaining Power the external marks of respect provided for by the regulations
applying in their own forces.
Officer prisoners of war. are bound to salute only officers of a higher rank of the
Detaining Power; they must, however, salute the camp commander regardless of his
rank.
ARTICLE 40
The wearing of badges of rank and nationality, as well as of decorations, shall be
permitted.
ARTICLE 41
In every camp the text of the present Convention and its Annexes and the contents
of any special agreement provided for in Article 6, shall be posted, in the prisoners'
own language, in places where all may read them. Copies shall be supplied, on request,
to the prisoners who cannot have access to the copy which has been posted.
Regulations, orders, notices and publications of every kind relating to the conduct
of prisoners of war shall be issued to them in a language which they understand. Such
regulations, orders and publications shall be posted in the manner described above and
copies shall be handed to the prisoners' representative. Every order and command
addressed to prisoners of war individually must likewise be given in a language which
they understand.
ARTICLE 42
The use of weapons against prisoners of war, especially against those who are
escaping or attempting to escape, shall constitute an extreme measure, which shall
always be preceded by warnings appropriate to the circumstances.
CHAPTER VII
RANK OF PRISONERS OF WAR
ARTICLE 43
Upon the outbreak of hostilities, the Parties to the conflict shall communicate to
one another the titles and ranks of all the persons mentioned in Article 4 of the present
Convention, in order to ensure equality of treatment between prisoners of equivalent
1 "'*__________Untied Nations — Treaty Série*
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rank. Titles and ranks which are subsequently created shall form the subject of similar
communications.
The Detaining Power shall recognize promotions in rank which have been accorded
to prisoners of war and which have been duly notified by the Power on which these
prisoners depend.
ARTICLE 44
Officers and prisoners of equivalent status shall be treated with the regard due
to their rank and age.
In order to ensure service in officers' camps, other ranks of the same armed forces
who, as far as possible, speak the same language, shall be assigned in sufficient numbers,
account being taken of the rank of officers and prisoners of equivalent status. Such
orderlies shall not be required to perform any other work.
Supervision of the mess by the officers themselves shall be facilitated in every way.
ARTICLE 45
Prisoners of war other than officers and prisoners of equivalent status shall be treated
with the regard due to their rank and age.
Supervision of the mess by the prisoners themselves shall be facilitated in every
way.
CHAPTER VIII
TRANSFER OF PRISONERS OF WAR
AFTER THEIR ARRIVAL IN CAMP
ARTICLE 46
The Detaining Power, when deciding upon the transfer of prisoners of war, shall
take into account the interests of the prisoners themselves, more especially so as not
to increase the difficulty of their repatriation.
The transfer of prisoners of war shall always be effected humanely and in condi
tions not less favourable than those under which the forces of the Detaining Power
are transferred. Account shall always be taken of the climatic conditions to which the
prisoners of war are accustomed and the conditions of transfer shall in no case be
prejudicial to their health.
The Detaining Power shall supply prisoners of war during transfer with sufficient
food and drinking water to keep them in good health, likewise with the necessary clothing,
shelter and medical attention. The Detaining Power shall take adequate precautions
especially in case of transport by sea or by air, to ensure their safety during transfer,
and shall draw up a complete list of all transferred prisoners before their departure.
172__________United Nations— Treaty Series_________195(1
ARTICLE 47
Sick or wounded prisoners of war shall not be transferred as long as their recovery
may be endangered by the journey, unless their safety imperatively demands it.
If the combat zone draws closer to a camp, the prisoners of war in the said camp
shall not be transferred unless their transfer can be carried out in adequate conditions
of safety, or unless they are exposed to greater risks by remaining on the spot than by
being transferred.
ARTICLE 48
In the event of transfer, prisoners of war shall be officially advised of their depar
ture and of their new postal address. Such notifications shall be given in time for them
to pack their luggage and inform their next of km.
They shall be allowed to take with them their personal effects, and the correspond
ence and parcels which have arrived for them, The weight of such baggage may be
limited, if the conditions of transfer so require, to what each prisoner can reasonably
carry, which shall in no case be more than twenty-five kilograms per head.
Mail and parcels addressed to their former camp shall be forwarded to them without
delay. The camp commander shall take, in agreement with the prisoners' represen
tative, any measures needed to ensure the transport of the prisoners' community
property and of the luggage they are unable to take with them in consequence of
restrictions imposed by virtue of the second paragraph of this Article.
The costs of transfers shall be borne by the Detaining Power.
SECTION III
LABOUR OF PRISONERS OF WAR
ARTICLE 49
The Detaining Power may utilize the labour of prisoners of war who are physically
fit, taking into account their age, sex, rank and physical aptitude, and with a view
particularly to maintaining them in a good state of physical and mental health,
Non-commissioned officers who are prisoners oi war shall only be required to do
supervisory work. Thos« not so required may ask for other suitable work which shall,
so far as possible, be found for them.
If officers or persons of equivalent status ask for suitable work, it shall be found
for them, so far as possible, but they may in no circumstances be compelled to work.
174__________United Nations — Treaty Series_________1950
ARTICLE 50
Besides work connected with camp administration, installation or mainte
nance, prisoners of war may be compelled to do only such work as is included in the
following classes:
(a) agriculture ;
(b) industries connected with the production or the extraction of raw materials,
and manufacturing industries, with the exception of metallurgical, machinery
and chemical industries; public works and building operations which have
no military character or purpose ;
(c) transport and handling of stores which are not military in character or purpose ;
(d) commercial business, and arts and crafts;
(e) domestic service;
(I) public utility services having no military character or purpose.
Should the above provisions be infringed, prisoners of war shall be allowed to
exercise their right of complaint, in conformity with Article 78.
ARTICLE 51
Prisoners of war must be granted suitable working conditions, especially as regards
accommodation, food, clothing and equipment ; such conditions shall not be inferior
to those enjoyed by nationals of the Detaining Power employed in similar work; account
shall also be taken of climatic conditions.
The Detaining Power, in utilizing the labour of prisoners of war, shall ensure that
in areas in which such prisoners are employed, the national legislation concerning the
protection of labour, and, more particularly, the regulations for the safety of workers,
are duly applied.
Prisoners of war shall receive training and be provided with the means of protec
tion suitable to the work they will have to do and similar to those accorded to the nation
als of the Detaining Power. Subject to the provisions of Article 52, prisoners may be
submitted to the normal risks run by these civilian workers.
Conditions of labour shall in no case be rendered more arduous by disciplinary
measures.
ARTICLE 52
Unless he be a volunteer, no prisoner of war may be employed on labour which is.
of an unhealthy or dangerous nature.
No prisoner of war shall be assigned to labour which would be looked upon as
humiliating for a member of the Detaining Power's own forces.
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The removal of mines or similar devices shall be considered as dangerous
labour.
ARTICLE 53
The duration of .the daily labour of prisoners of war, including the time of the jour
ney to and fro, shall not be excessive, and must in no case exceed that permitted for
civilian workers in the district, who are nationals of the Detaining Power and employed
on the same work.
Prisoners of war must be allowed, in the middle of the day's work, a rest of not
less than one hour. This rest will be the same as that to which workers of the Detaining
Power are entitled, if the latter is of longer duration, They shall be allowed in addition
a rest of twenty-four consecutive hours every week, preferably on Sunday or the day of
rest in their country of origin. Furthermore, every prisoner who has worked for one
year shall be granted a rest of eight consecutive days, during which his working pay
shall be paid him.
If methods of labour such as piece work are employed, the length of the working
period shall not be rendered excessive thereby.
ARTICLE 54
The working pay due to prisoners of war shall be fixed in accordance with the
provisions of Article 62 of the present Convention.
Prisoners of war who sustain accidents in connection with work, or who contract
a disease in the course, or in consequence of their work, shall receive all the care their
condition may require. The Detaining Power shall furthermore deliver to such prison
ers of war a medical certificate enabling them to submit their claims to the Power on
which they depend, and shall send a duplicate to the Central Prisoners of War Agency
provided tor in Article 123.
ARTICLE 55
The fitness of prisoners of war for work shall be periodically verified by medical
examinations at least once a month. The examinations shall have particular regard to
the nature of the work which prisoners of war are required to do.
If any prisoner of war considers himself incapable of working, he shall be permitted
to appear before the medical authorities of his camp. Physicians or surgeons may recom
mend that the prisoners who are, in their opinion, unfit for work, be exempted therefrom.
ARTICLE 56
The organization and administration of labour detachments shall be similar to
those of prisoner of war camps.
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ANNEX II
REGULATIONS CONCERNING
MIXED MEDICAL COMMISSIONS
(see Article 112)
ARTICLE I
The Mixed Medical Commissions provided for in Article 112 of the Convention
shall be composed of three members, two of whom shall belong to a neutral country,
the third being appointed by the Detaining Power, One of the neutral members shall
take the chair.
ARTICLE 2
The two neutral members s-hall be appointed by the International Committee of
the Red Cross, acting in agreement with the Protecting Power, at the request of the
Detaining Power. They may be domiciled either in their country of origin, in any other
neutral country, or in the territory of the Detaining Power.
ARTICLE 3
The neutral members shall be approved by the Parties to the conflict concerned,
who shall notify their approval to the International Committee of the Red Cross and t<>
the Protecting Power. Upon such notification, the neutral members shall be considered
as effectively appointed.
ARTICLE 4
Deputy members shall also be appointed in sufficient number to replace the regular
members in case of need. They shal! be appointed at the same time as the regular mem
bers or, at least, as soon as possible.
ARTICLE 5
If for any reason the International Committee of the Red Cross cannot arrange
for the appointment of the neutral members, this shall be done by the Power protecting
the interests of the prisoners of war to be examined..
ARTICLE 6
So far as possible, one of the two neutral members shall be a surgeon and the other
a physician.
I HO__________Unitf(I Nations — Treaty Series_________1950
ARTICLE 59
Cash which was taken from prisoners of war, in accordance with Article 18, at the
time of their capture, and which is in the currency of the Detaining Power, shall be
placed to their separate accounts, in accordance with the provisions of Article 64 of
the present Section.
The amounts, in the currency of the Detaining Power, due to the conversion of
sums in other currencies that are taken from the prisoners of war at the same time,
shall also be credited to their separate accounts.
ARTICLE 60
The Detaining Power shall grant all prisoners of war a monthly advance of pay,
the amount of which shall be fixed by conversion, into the currency of the said Power,
of the following amounts:
Category I : Prisoners ranking below sergeants: eight Swiss francs.
Category II : Sergeants and other non-commissioned officers, or prisoners of
equivalent rank: twelve Swiss francs.
Category III : Warrant officers and commissioned officers below the rank of major
or prisoners of equivalent rank: fifty Swiss francs.
Category IV : Majors, lieutenant-colonels, colonels or prisoners of equivalent
rank: sixty Swiss francs.
Category V : General officers or prisoners of war of equivalent rank : seventy-five
Swiss francs.
However, the Parties to the conflict concerned may by special agreement modify
the amount of advances of pay due to prisoners of the preceding categories.
Furthermore, if the amounts indicated in the first paragraph above would be unduly
high compared with the pay of the Detaining Power's armed forces or would, for any
reason, seriously embarrass the Detaining Power, then, pending the conclusion of a
special agreement with the Power on which the prisoners depend to vary the amounts
indicated above, the Detaining Power :
(a) shall continue to credit the accounts of the prisoners with the amounts indi
cated hi the first paragraph above;
(b) may temporarily limit the amount made available from these advances of pay
to prisoners of war for their own use, to sums which are reasonable, but which,
for Category I, shall never be inferior to the amount that the Detaining Power
gives to the members of its own armed forces,
The reasons for any limitations will be given without delay to the Protecting Power.
18!*__________United Nations — Treaty Series__________1950
ARTICLE 6l
The Detaining Power shall accept for distribution as supplementary pay to pris
oners of war sums which the Power on which the prisoners depend may forward to
them, on condition that the sums to be paid shall be the same for each prisoner of
the same category, shall be payable to all prisoners of that category depending on that
Power, and shall be placed in their separate accounts, at the earliest opportunity, in
accordance with the provisions of Article 64. Such supplementary pay shall not relieve
the Detaining Power of any obligation under this Convention.
ARTICLE 62
Prisoners of war shall be paid a fair working rate of pay by the detaining author
ities direct. The rate shall be fixed by the said authorities, but shall at no time be less
than one-fourth of one Swiss franc for a full working day. The Detaining Power shall
inform prisoners of war, as well as the Power on which they depend, through the inter
mediary of the Protecting Power, of the rate of daily working pay that it has fixed.
Working pay shall likewise be paid by the detaining authorities to prisoners
of war permanently detailed to duties or to a skilled or semi-skilled occupation in con
nection with the administration, installation or maintenance of camps, and to the
prisoners who are required to carry out spiritual or medical duties on behalf of their
comrades,
The working pay of the prisoners' representative, of his advisers, if any, and of
his assistants, shall be paid out of the fund maintained by canteen profits. The scale
of this working pay shall be fixed by the prisoners' representative and approved by
the camp commander. If there is no such fund, the detaining authorities shall pay these
prisoners a fair working rate of pay.
ARTICLE 63
Prisoners of war shall be permitted to receive remittances of money addressed to
them individually or collectively.
Every prisoner of war shall have at his disposal the credit balance of his account
as provided for in the following Article, within the limits fixed by the Detaining Power,
which shall make such payments as are requested, Subject to financial or monetary
restrictions which the Detaining Power regards as essential, prisoners of war may also
have payments made abroad. In this case payments addressed by prisoners of war to
dependent?; shall be given priority.
In any event, and subject to the consent of the Power on which they depend, pris
oners may have payments made in their own country, as follows : the Detaining Power
shall send to the aforesaid Power through the Protecting Power, a notification giving
184_______
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all the necessary particulars concerning the prisoners of war, the beneficiaries of the
payments, and the amount of the sums to be paid, expressed in the Detaining Power's
currency. The said notification shall be signed by the prisoners and countersigned by
the camp commander. The Detaining Power shall debit the prisoners' account by a
corresponding amount; the sums thus debited shall be placed by it to the credit of
the Power on which the prisoners depend.
To apply the foregoing provisions, the Detaining Power may usefully consult the
Model Regulations in Annex V of the present Convention.
ARTICLE 64
The Detaining Power shall hold an account for each prisoner of war, showing at
least the following:
(1) The amounts due to the prisoner or received by him as advances of pay, as
working pay or derived from any other source; the sums in the currency of
the Detaining Power which were taken from him; the sums taken from him
and converted at his request into the currency of the said Power.
(2) The payments made to the prisoner in cash, or in any other similar form; the
payments made on his behalf and at his request; the sums transferred under
Article 63, third paragraph.
ARTICLE 65
Every item entered in the account of a prisoner of war shall be countersigned or
initialled by him, or by the prisoners' representative acting on his behalf.
Prisoners of war shall at all times be afforded reasonable facilities for consulting
and obtaining copies of their accounts, which may likewise be inspected by the represen
tatives of the Protecting Powers at the time of visits to the camp.
When prisoners of war are transferred from one camp to another, their personal
accounts will follow them. In case of transfer from one Detaining Power to another,
the monies which are their property and are not in the currency of the Detaining Power
will follow them. They shall be given certificates for any other monies standing to the
credit of their accounts.
The Parties to the conflict concerned may agree to notify to each other at specific
intervals through the Protecting Power, the amount of the accounts of the prisoners
of war.
ARTICLE 66
On the termination of captivity, through the release of a prisoner of war or his
repatriation, the Detaining Power shall give him a statement, signed by an authorized
officer of that Power, showing the credit balance then due to him. The Detaining Power
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shall also send through the Protecting Power to the government upon which the
prisoner of war depends, lists giving all appropriate particulars of all prisoners of
war whose captivity has been terminated by repatriation, release, escape, death or
any other means, and showing the amount of their credit balances. Such lists shall be
certified on each sheet by an authorized representative of the Detaining Power.
Any of the above provisions of this Article may be varied by mutual agreement
between any two Parties to the conflict.
The Power on which the prisoner of war depends shall be responsible for settling
with him any credit balance due to him from the Detaining Power on the termination
of his captivity.
ARTICLE 67
Advances of pay, issued to prisoners of war in conformity with Article 60, shall be
considered as made on behalf of the Power on which they depend. Such advances of
pay, as well as all payments made by the said Power under Article 63, third paragraph,
and Article 68, shall form the subject of arrangements between the Powers concerned,
at the close of hostilities.
ARTICLE 68
Any claim by a prisoner of war for compensation in respect of any injury or other
disability arising out of work shall be referred to the Power on which he depends, through
the Protecting Power. In accordance with Article 54, the Detaining Power will, in all
cases, provide the prisoner of war concerned with a statement showing the nature of
the injury or disability, the circumstances in which it arose and particulars of medical
or hospital treatment given for it. This statement will be signed by a responsible officer
of the Detaining Power and the medical particulars certified by a medical officer.
Any claim by a prisoner of war for compensation in respect of personal effects
monies or valuables impounded by the Detaining Power under Article 18 and not forth
coming on his repatriation, or in respect of loss alleged to be due to the fault of the
Detaining Power or any of its servants, shall likewise be referred to the Power on which
he depends. Nevertheless, any such personal effects required for use by the prisoners
of war whilst in captivity shall be replaced at the expense of the Detaining Power. The
Detaining Power will, in all cases, provide the prisoner of war with a statement, signed
by a responsible officer, showing all available information regarding the reasons why
such effects, monies or valuables have not been restored to him. A copy of this statement
will be forwarded to the Power on which he depends through the Central Prisoners
of War Agency provided for in Article 123.
188_________United Nations — Treaty Serifs________1950
SECTION V
RELATIONS OF PRISONERS OF WAR WITH THE EXTERIOR
ARTICLE 69
Immediately upon prisoners of war falling into its power, the Detaining Power shall
inform them and the Powers on which they depend, through the Protecting Power,
of the measures taken to carry out the provisions of the present Section. They shall
likewise inform the parties concerned of any subsequent modifications of such measures.
ARTICLE 70
Immediately upon capture, or not more than one week after arrival at a camp, even
if it is a transit camp, likewise in case of sickness or transfer to hospital or to another
camp, every prisoner of war shall be enabled to write direct to his family, on the one
hand, and to the Central Prisoners of War Agency provided for in Article 123, on the
other hand, a card similar, if possible, to the model annexed to the present Convention,
informing his relatives of his capture, address and state of health. The said cards shall
be forwarded as rapidly as possible and may not be delayed in any manner.
ARTICLE 71
Prisoners of war shall be allowed to send and receive letters and cards. If the
Detaining Power deems it necessary to limit the number of letters and cards sent by
each prisoner of war, the said number shall not be less than two letters and four cards
monthly, exclusive of the capture cards provided for in Article 70, and conforming as
closely as possible to the models annexed to the present Convention. Further limitations
may be imposed only if the Protecting Power is satisfied that it would be in the interests
of the prisoners of war concerned to do so owing to difficulties of translation caused by
the Detaining Power's inability to find sufficient qualified linguists to carry out the
necessary censorship. If limitations must be placed on the correspondence addressed
to prisoners of war, they may be ordered only by the Power on which the prisoners
depend, possibly at the request of the Detaining Power. Such letters and cards must
be conveyed by the most rapid method at the disposal of the Detaining Power; they
may not be delayed or retained for disciplinary reasons.
Prisoners of war who have been without news for a long period, or who are unable
to receive news from their next of kin or to give them news by the ordinary postal route,
as well as those who are at a great distance from their homes, shall be permitted to
send telegrams, the fees being charged against the prisoners of war's accounts with the
190__________United Nations - Treaty Series_________1950
Detaining Power or paid in the currency at their disposal. They shall likewise benefit
by this measure in cases of urgency,
As a general rule, the correspondence of prisoners of war shall be written in
their native language. The Parties to the conflict may allow correspondence in other
languages.
Sacks containing prisoner of war mail must be securely sealed and labelled so as
clearly to indicate their contents, and must be addressed to offices of destination.
ARTICLE 72
Prisoners of war shall be allowed to receive by post or by any other means individual
parcels or collective shipments containing, in particular, foodstuffs, clothing, medical
supplies and articles of a religious, educational or recreational character which may
meet their needs, including books, devotional articles, scientific equipment, examination
papers, musical instruments, sports outfits and materials allowing prisoners of war to
pursue their studies or their 'cultural activities.
Such shipments shall in no way free the Detaining Power from the obligations
imposed upon it by virtue of the present Convention.
The only limits which may be placed on these shipments shall be those proposed
by the Protecting Power in the interest of the prisoners themselves, or by. the Inter
national Committee of the Red Cross or any other organization giving assistance to the
prisoners, in respect of their own shipments only, on account of exceptional strain on
transport or communications.
The conditions for the sending of individual parcels and collective relief shall, if
necessary, be the subject of special agreements between the Powers concerned, which
may in no case delay the receipt by the prisoners of relief supplies. Books may not be
included in parcels of clothing and foodstuffs. Medical supplies shall, as a rule, be sent
in collective parcels.
ARTICLE 73
In the absence of special agreements between the Powers concerned on the condi
tions for the receipt and distribution of collective relief shipments, the rules and regu
lations concerning collective shipments, which are annexed to the present Convention,
shall be applied.
The special agreements referred to above shall in no case restrict the right of
prisoners' representatives to take possession of collective relief shipments intended for
prisoners of war, to proceed to their distribution or to dispose of them in the interest
of the prisoners.
192__________United Nations — Treaty Series_________1950
Nor shall such agreements restrict the right of representatives of the Protecting
Power, the International Committee of the Red Cross or any other organization giving
assistance to prisoners of war and responsible for the forwarding of collective shipments,
to supervise their distribution to the recipients.
ARTICLE 74
All relief shipments for prisoners of war shall be exempt from import, customs and
other dues.
Correspondence, relief shipments and authorized remittances of money addressed
to prisoners of war or despatched by them through the post office, either direct or
through the Information Bureaux provided for in Article 122 and the Central Prisoners
of War Agency provided for in Article 123, shall be exempt from any postal dues, both
in the countries of origin and destination, and in intermediate countries.
If relief shipments intended for prisoners of war cannot be sent through the post
office by reason of weight or for any other cause, the cost of transportation shall be
borne by the Detaining Power in all the territories under its control. The other Powers
party to the Convention shall bear the cost of transport in their respective territories.
In the absence of special agreements between the Parties concerned, the costs
connected with transport of such shipments, other than costs covered by the above
exemption, shall be charged to the senders.
The High Contracting Parties shall endeavour to reduce, so far as possible, the
rates charged for telegrams sent by prisoners of war, or addressed to them.
ARTICLE 75
Should military operations prevent the Powers concerned from fulfilling their obli
gation to assure the transport of the shipments referred to in Articles 70, 71, 72 and 77,
the Protecting Powers concerned, the International Committee of the Red Cross or any
other organization duly approved by the Parties to the conflict may undertake to ensure
the conveyance of such shipments by suitable means (railway wagons, motor vehicles,
vessels or aircraft, etc,). For this purpose, the High Contracting Parties shall endeavour to
supply them with such transport and to allow its circulation, especially by granting the
necessary safe-conducts.
Such transport may also be used to convey :
(a} correspondence, lists and reports exchanged between the Central Information
Agency referred to in Article 123 and the National Bureaux referred to in
Article 122;
194__________United Nations — Treaty Series_________1950
(b) correspondence and reports relating to prisoners of war which the Protecting
Powers, the International Committee of the Red Cross or any other body
assisting the prisoners, exchange either with their own delegates or with the
Parties to the conflict.
These provisions in no way detract from the right of any Party to the conflict to
arrange other means of transport, if it should so prefer, nor preclude the granting of
safe-conducts, under mutually agreed conditions, to such means of transport.
In the absence of special agreements, the costs occasioned by the use of such means
of transport shall be borne proportionally by the Parties to the conflict whose nationals
are benefited thereby.
ARTICLE 76
The censoring of correspondence addressed to prisoners of war or despatched by
them shall be done as quickly as possible. Mail shall be censored only by the despatching
State and the receiving State, and once only by each.
The examination of consignments intended for prisoners of war shall not be carried
out under conditions that will expose the goods contained in them to deterioration;
except in the case of written or printed matter, it shall be done in the presence of the
addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of
individual or collective consignments shall not be delayed under the pretext of difficul
ties of censorship.
Any prohibition of correspondence ordered by Parties to the conflict, either for
military or political reasons, shall be only temporary and its duration shall be as short
as possible.
ARTICLE 77
The Detaining Powers shall provide all facilities for the transmission, through the
Protecting Power or the Central Prisoners of War Agency provided for in Article 123,
of instruments, papers or documents intended for prisoners of war or despatched by
them, especially powers of attorney and wills.
In all cases they shall facilitate the preparation and execution of such documents
on behalf of prisoners of war; in particular, they shall allow them to consult a lawyer
and shall take what measures are necessary for the authentication of their signatures.
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SECTION VI
RELATIONS BETWEEN PRISONERS OF WAR AND THE AUTHORITIES
CHAPTER I
COMPLAINTS OF PRISONERS OF WAR
RESPECTING THE CONDITIONS OF CAPTIVITY
ARTICLE 78
Prisoners of war shall have the right to make known to the military authorities in
whose power they are, their requests regarding the conditions of captivity to which
they are subjected.
They shall also have the unrestricted right to apply to the representatives of the
Protecting Powers either through their prisoners' representative or, if they consider it
necessary, direct, in order to draw their attention to any points on which they may have
complaints to make regarding their conditions of captivity.
These requests and complaints shall not be limited nor considered to be a part of
the correspondence quota referred to in Article 71. They must be transmitted
immediately. Even if they are recognized to be unfounded, they may not give rise to
any punishment.
Prisoners' representatives may send periodic reports on the situation in the camps
and the needs of the prisoners of war to the representatives of the Protecting Powers.
CHAPTER II
PRISONER OF WAR REPRESENTATIVES
ARTICLE 79
In all places where there are prisoners of war, except in those where there are
officers, the prisoners shall freely elect by secret ballot, every six months, and also in
case of vacancies, prisoners' representatives entrusted with representing them before
the military authorities, the Protecting Powers, the International Committee of the
Red Cross and any other organization which may assist them. These prisoners'
representatives shall be eligible for re-election.
In camps for officers and persons of equivalent status or in mixed camps, the senior
officer among the prisoners of war shall be recognized as the camp prisoners' represen
tative. In camps for officers, he shall be assisted by one or more advisers chosen by the
officers; in mixed camps, his assistants shall be chosen from among the prisoners of war
who are not officers and shall be elected by them.
198__________United Nations — Treaty Series_________1950
Officer prisoners of war of the same nationality shall be stationed in labour camps
for prisoners of war, for the purpose of carrying out the camp administration duties for
which the prisoners of war are responsible. These officers may be elected as prisoners'
representatives under the first paragraph of this Article. In such a case the assistants
to the prisoners' representatives shall be chosen from among those prisoners of war who
are not officers.
Every representative elected must be approved by the Detaining Power before he
has the right to commence his duties. Where the Detaining Power refuses to approve
a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting
Power of the reason for such refusal.
In all cases the prisoners' representative must have the same nationality, language
and customs as the prisoners of war whom he represents. Thus, prisoners of war distrib
uted in different sections of a camp, according to their nationality, language or customs,
shall have for each section their own prisoners' representative, in accordance with the
foregoing paragraphs.
ARTICLE So
Prisoners' representatives shall further the physical, spiritual and intellectual wellbeing of prisoners of war.
In particular, where the prisoners decide to organize amongst themselves a system
of mutual assistance, this organization will be within the province of the prisoners'
representative, in addition to the special duties entrusted to him by other
provisions of the present Convention.
Prisoners' representatives shall not be held responsible, simply by reason of their
duties, for any offences committed by prisoners of war.
ARTICLE 81
Prisoners' representatives shall not be required to perform any other work, if the
accomplishment of their duties is thereby made more difficult.
Prisoners' representatives may appoint from amongst the prisoners such assistants
as they may require. All material facilities shall be granted them, particularly a certain
freedom of movement necessary for the accomplishment of their duties (inspection
of labour detachments, receipt of supplies, etc.).
Prisoners' representatives shall be permitted to visit premises where prisoners of war
are detained, and every prisoner of war shall have the right to consult freely his prisoners'
representative.
All facilities shall likewise be accorded to the prisoners' representatives for
communication by post and telegraph with the detaining authorities, the Protecting
Powers, the International Committee of the Red Cross and their delegates, the Mixed
Medical Commissions and the bodies which give assistance to prisoners of war.
200_________United Nations — Treaty Series________1950
Prisoners' representatives of labour detachments shall enjoy the same facilities for
communication with the prisoners' representatives of the principal camp. Such com
munications shall not be restricted, nor considered as forming a part of the quota
mentioned in Article 71.
Prisoners' representatives who are transferred shall be allowed a reasonable time to
acquaint their successors with current affairs,
In case of dismissal, the reasons therefor shall be communicated to the Protecting
Power.
CHAPTER III
PENAL AND DISCIPLINARY SANCTIONS
/.
General Provisions
ARTICLE 82
A prisoner of war shall be subject to the laws, regulations and orders in force in
the armed forces of the Detaining Power ; the Detaining Power shall be justified
in taking judicial or disciplinary measures in respect of any offence committed by a
prisoner of war against such laws, regulations or orders. However, no proceedings or
punishments contrary to the provisions of this Chapter shall be allowed,
If any law, regulation or order of the Detaining Power shall declare acts com
mitted by a prisoner of war to be punishable, whereas the same acts would not be punish
able if committed by a member of the forces of the Detaining Power, such acts shall
entail disciplinary punishments only.
ARTICLE 83
In deciding whether proceedings in respect of an offence alleged to have been
committed by a prisoner of war shall be judicial or disciplinary, the Detaining Power
shall ensure that the competent authorities exercise the greatest leniency and adopt,
wherever possible, disciplinary rather than judicial measures.
ARTICLE 84
A prisoner of war shall be tried only by a military court, unless the existing laws
of the Detaining Power expressly permit the civil courts to try a member of the armed
forces of the Detaining Power in respect of the particular offence alleged to have been
committed by the prisoner of war.
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In no circumstances whatever shall a prisoner of war be tried by a court of any kind
which does not offer the essential guarantees of independence and impartiality as
generally recognized, and, in particular, the procedure of which does not afford
the accused the rights and means of defence provided for m Article 105,
ARTICLE 85
Prisoners of war prosecuted under the laws of the Detaining Power for acts com
mitted prior to capture shall retain, even if convicted, the benefits of the present
Convention.
ARTICLE 86
No prisoner of war may be punished more than once for the same act or on the
same charge.
ARTICLE 87
Prisoners of war may not be sentenced by the military authorities and courts of
the Detaining Power to any penalties except those provided for in respect of members
of the armed forces of the said Power who have committed the same acts.
When fixing the penalty, the courts or authorities of the Detaining Power shall
take into consideration, to the widest extent possible, the fact that the accused, not
being a national of the Detaining Power, is not bound to it by any duty of allegiance,
and that he is in its power as the result of circumstances independent of his own will.
The said courts or authorities shall be at liberty to reduce the penalty provided for the
violation of which the prisoner of war is accused, and shall therefore not be bound to
apply the minimum penalty prescribed..
Collective punishment for individual acts, corporal punishment, imprisonment
in premises without daylight and, in general, any form of torture or cruelty, are forbidden.
No prisoner of war may be deprived of his rank ,by the Detaining Power, or preven
ted from wearing his badges.
ARTICLE 88
Officers, non-commissioned officers and men who are prisoners of war undergoing
a disciplinary or judicial punishment, shall not be subjected to more severe treatment
than that applied in respect of the same punishment to members of the armed forces
of the Detaining Power of equivalent rank.
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A woman prisoner of war shall not be awarded or sentenced to a punishment more
severe, or treated whilst undergoing punishment more severely, than a woman member
of the armed forces of the Detaining Power dealt with for a similar offence,
In no case may a woman prisoner of war be awarded or sentenced to a punishment
more severe, or treated whilst undergoing punishment more severely, than a male
member of the armed forces of the Detaining Power dealt with for a similar offence.
Prisoners of war who have served disciplinary or judicial sentences may not be
treated differently from other prisoners of war.
//.
Disciplinary Sanctions
ARTICLE 89
The disciplinary punishments applicable to prisoners of war are the following:
(1) A fine which shall not exceed 50 per cent of the advances of pay and working pay
which the prisoner of war would otherwise receive under the provisions of
Articles 60 and 62 during a period of not more than thirty days,
(2) Discontinuance of privileges granted over and above the treatment provided
for by the present Convention.
{3} Fatigue duties not exceeding two hours daily.
(4) Confinement.
The punishment referred to under (3) shall not be applied to officers.
In no case shall disciplinary punishments be inhuman, brutal or dangerous to the
health of prisoners of war.
ARTICLE CO
The duration of any single punishment shall in no case exceed thirty days. Any period
of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary
punishment shall be deducted from an award pronounced against a prisoner of war.
The maximum of thirty days provided above may not be exceeded, even if the
prisoner of war is answerable for several acts at the same time when he is awarded
punishment, whether such acts are related or not.
The period between the pronouncing of an award of disciplinary punishment and
its execution shall not exceed one month.
When a prisoner of war is awarded a further disciplinary punishment, a period of at
least three days shall elapse between the execution of any two of the punishments, if the
duration of one of these is ten days or more.
206_________United Nations — Treaty Series_______1950
ARTICLE 91
The escape of a prisoner of war shall be deemed to have succeeded when :
(1) he has joined the armed forces of the Power on which he depends, or those of
an allied Power ;
(2) he has left the territory under the control of the Detaining Power, or of an ally
of the said Power;
(3) he has joined a ship flying the flag of the Power on which he depends, or of
an allied Power, in the territorial waters of the Detaining Power, the said ship
not being under the control of the last named Power.
Prisoners of war whe have made good their escape in the sense of this Article and
who are recaptured, shall not be liable to any punishment in respect of their previous
escape.
ARTICLE 92
A prisoner of war who attempts to escape and is recaptured before having made
good his escape in the sense of Article 91 shall be liable only to a disciplinary punish
ment in respect of this act, even if it is a repeated offence.
A prisoner of war who is recaptured shall be handed over without delay to the com
petent military authority.
Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a
result of an unsuccessful escape may be subjected to special surveillance. Such sur
veillance must not affect the state of their health, must be undergone in a prisoner of
war camp, and must not entail the suppression of any of the safeguards granted them
by the present Convention.
ARTICLE 93
Escape or attempt to escape, even if it is a repeated offence, shall not be deemed
an aggravating circumstance if the prisoner of war is subjected to trial by judicial
proceedings in respect of an offence committed during his escape or attempt to escape.
In conformity with the principle stated in Article 83, offences committed by
prisoners of war with the sole intention of facilitating their escape and which do not
entail any violence against life or limb, such as offences against public property, theft
without intention of self-enrichment, the drawing up or use of false papers, or the
wearing of civilian clothing, shall occasion disciplinary punishment only.
Prisoners of war who aid or abet an escape or an attempt to escape shall be liable
on this count to disciplinary punishment only.
208_________United Nations — Treaty Series________1950
ARTICLE 94
If an escaped prisoner of war is recaptured, the Power on which he depends shall
be notified thereof in the manner defined in Article 122, provided notification of his
escape has been made,
ARTICLE 95
A prisoner of war accused of an offence against discipline shall not be kept in confine
ment pending the hearing unless a member of the armed forces of the Detaining Power
would be so kept if he were accused of a similar offence, or if it is essential in the
interests of camp order and discipline.
Any period spent by a prisoner of war in confinement awaiting the disposal of an
offence against discipline shall be reduced to an absolute minimum and shall not exceed
fourteen days.
The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war
who are in confinement awaiting the disposal of offences against discipline.
ARTICLE 96
Acts which constitute offences against discipline shall be investigated immediately.
Without prejudice to the competence of courts and superior military authorities,
disciplinary punishment may be ordered only by an officer having disciplinary powers
in his capacity as camp commander, or by a responsible officer who replaces him or to
whom he has delegated his disciplinary powers.
In no case may such powers be delegated to a prisoner of war or be exercised by a
prisoner of war.
Before any disciplinary award is pronounced, the accused shall be given precise
information regarding the offences of which he is accused, and given an opportunity of
explaining his conduct and of defending himself. He shall be permitted, in particular,
to call witnesses and to have recourse, if necessary, to the services of a qualified
interpreter. The decision shall be announced to the accused prisoner of war and to the
prisoners' representative.
A record of disciplinary punishments shall be maintained by the camp commander
and shall be open to inspection by representatives of the Protecting Power.
ARTICLE 97
Prisoners of war shall not in any case be transferred to penitentiary establishments
(prisons, penitentiaries, convict prisons, etc.) to undergo disciplinary punishment therein.
All premises in which disciplinary punishments are undergone shall conform to the
sanitary requirements set forth in Article 25. A prisoner of war undergoing punish
ment shall be enabled to keep himself in a state of cleanliness, in conformity ' with
Article 29,
United Nations - Treaty Series________1950
Officers and persons of equivalent status shall not be lodged in the same quarters
as non-commissioned officers or men.
Women prisoners of war undergoing disciplinary punishment shall be confined in
separate quarters from male prisoners of war and shall be under the immediate super
vision of women.
ARTICLE 98
A prisoner of war undergoing confinement as a disciplinary punishment, shall
continue to enjoy the benefits of .the provisions of this Convention except in so far as
these are necessarily rendered inapplicable by the mere fact that he is confined. In no
case may he be deprived of the benefits of the provisions of Articles 78 and 126.
A prisoner of war awarded disciplinary punishment may not be deprived of the
prerogatives attached to his rank.
Prisoners of war awarded disciplinary punishment shall be allowed to exercise
and to stay in the open air at least two hours daily.
They shall be allowed, on their request, to be present at the daily medical inspections.
They shall receive the attention which their state of health requires and, if necessary,
shall be removed to the camp infirmary or to a hospital.
They shall have permission to read and write, likewise to send and receive letters.
Parcels and remittances of money however, may be withheld from them until the
completion of the punishment ; they shall meanwhile be entrusted to the prisoners'
representative, who will hand over to the infirmary the perishable goods contained in
such parcels.
Ill, Judicial Proceedings
ARTICLE 99
No prisoner of war may be tried or sentenced for an act which is not forbidden by
the law of the Detaining Power or by international law, in force at the time the
said act was committed.
No moral or physical coercion'may be exerted on a prisoner of war in order to induce
him to admit himself guilty of the act of which he is accused.
No prisoner of war may be convicted without having had an opportunity to present
his defence and the assistance of a qualified advocate or counsel.
ARTICLE 100
Prisoners of war and the Protecting Powers shall be informed as soon as possible
of the offences which are punishable by the death sentence under the laws of the
Detaining Power.
Other offences shall not thereafter be made punishable by the death penalty without
the concurrence of the Power on which the prisoners of war depend.
212__________United Nations — Treaty Series_________1950
The death sentence cannot be pronounced on a prisoner of war unless the
attention of the court has, in accordance with Article 87, second paragraph, been
particularly called to the fact that since the accused is not a national of the Detaining
Power, he is not bound to it by any duty of allegiance, and that he is in its power as the
result of circumstances independent of his own will.
ARTICLE 101
If the death penalty is pronounced on a prisoner of war, the sentence shall not
be executed before the expiration of a period of at least six months from the date when
the Protecting Power receives, at an indicated address, the detailed communication
provided for in Article 107.
ARTICLE 102
A prisoner of war can be validly sentenced only if the sentence has been pronounc
ed by the same courts according to the same procedure as in the case of members of
the armed forces of the Detaining Power, and if, furthermore, the provisions of the
present Chapter have been observed,
ARTICLE 103
Judicial investigations relating to a prisoner of war shall be conducted as rapidly as
circumstances permit and so that his trial shall take place as soon as possible. A prisoner
of war shall not be confined while awaiting trial unless a member of the armed forces
of the Detaining Power would be so confined if he were accused of a similar offence, or if
it is essential to do so in the interests of national security. In no circumstances shall this
confinement exceed three months.
Any period spent by a prisoner of war in confinement awaiting trial shall be deducted
from any sentence of imprisonment passed upon him and taken into account in fixing
any penalty.
The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of
war whilst in confinement awaiting trial.
ARTICLE 104
In any case in which the Detaining Power has decided to institute judicial proceed
ings against a prisoner of war, it shall notify the Protecting Power as soon as possible
and at least three weeks before the opening of the trial. This period of three weeks shall
run as from the day on which such notification reaches the Protecting Power at the
address previously indicated by the latter to the Detaining Power.
The said notification shall contain the following information:
214
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(1)
(2)
(3)
(4)
1950
Surname and first names of the prisoner of war, his rank, his army, regimental,
personal or serial number, his date of birth, and his profession or trade, if any ;
Place of internment or confinement;
Specification of the charge or charges on which the prisoner of war is to be
arraigned, giving the legal provisions applicable ;
Designation of the court which will try the case, likewise the date and place
fixed for the opening of the trial.
The same communication shall be made by the Detaining Power to the prisoners'
representative.
If no evidence is submitted, at the opening of a trial, that the notification referred
to above was received by the Protecting Power, by the prisoner of war and by the
prisoners' representative concerned, at least three weeks before the opening of the
trial, then the latter cannot take place and must be adjourned.
ARTICLE 105
The prisoner of war shall be entitled to assistance by one of his prisoner comrades,
to defence by a qualified advocate or counsel of his own choice, to the calling of
witnesses and, if he deems necessary, to the services of a competent intepreter. He
shall be advised of these rights by the Detaining Power in due time before the trial.
Failing a choice by the prisoner of war, the Protecting Power shall find him an
advocate or counsel, and shall have at least one week at its disposal for the purpose.
The Detaining Power shall deliver to the said Power, on request, a list of persons quali
fied to present the defence. Failing a choice of an advocate or counsel by the prisoner
of war or the Protecting Power, the Detaining Power shall appoint a competent
advocate or counsel to conduct the defence.
The advocate or counsel conducting the defence on behalf of the prisoner of war
shall have at his disposal a period of two weeks at least before the opening of the trial,
as well as the necessary facilities to prepare the defence of the accused. He may, in
particular, freely visit the accused and interview him in private. He may also confer
with any witnesses for the defence, including prisoners of war. He shall have the benefit
of these facilities until the term of appeal or petition has expired.
Particulars of the charge or charges on which the prisoner of war is to be arraigned,
as well as the documents which are generally communicated to the accused by virtue of
the laws in force in the armed forces of the Detaining Power, shall be communicated
to the accused prisoner of war in a language which he understands, and in good time
before the opening of the trial. The same communication in the same circumstances
shall be made to the advocate or counsel conducting the defence on behalf of the
prisoner of war.
The representatives of the Protecting Power shall be entitled to attend the trial
of the case, unless, exceptionally, this is held in camera in the interest of State security,
In such a case the Detaining Power shall advise the Protecting Power accordingly.
216
__ ___
United Nations — Treaty Series_________1950
ARTICLE I06
Every prisoner of war shall have, in the same manner as the members of the armed
forces of the Detaining Power, the right of appeal or petition from any sentence
pronounced upon him, with a view to the quashing or revising of the sentence or the
reopening of the trial. He shall be fully informed of his right to appeal or petition and
of the time limit within which he may do so.
ARTICLE 107
Any judgment and sentence pronounced upon a prisoner of war shall be immediately
reported to the Protecting Power in the form of a summary communication, which
shall also indicate whether he has the right of appeal with a view to the quashing of
the sentence or the reopening of the trial. This communication shall likewise be sent
to the prisoners' representative concerned. It shall also be sent to the accused prisoner
of war in a language he understands, if the sentence was not pronounced in his
presence. The Detaining Power shall also immediately communicate to the Protecting
Power the decision of the prisoner of war to use or to waive his right of appeal.
Furthermore, if a prisoner of war is finally convicted or if a sentence pronounced
on a prisoner of war in the first instance is a death sentence, the Detaining Power
shall as soon as possible address to the Protecting Power a detailed communication
containing :
(1) the precise wording of the finding and sentence;
(2) a summarized report of any preliminary investigation and of the trial, emphasiz
ing in particular the elements of the prosecution and the defence ;
(3) notification, where applicable, of the establishment where the sentence will
be served.
The communications provided for in the foregoing sub-paragraphs shall be sent
to the Protecting Power at the address previously made known to the Detaining Power.
ARTICLE 108
Sentences pronounced on prisoners of war after a conviction has become duly
enforceable, shall be served in the same establishments and under the same conditions
as in the case of members of the armed forces of the Detaining Power. These conditions
shall in all cases conform to the requirements of health and humanity.
A woman prisoner of war on whom such a sentence has been pronounced shall
be confined in separate quarters and shall be under the supervision of women.
In any case, prisoners of war sentenced to a penalty depriving them of their liberty
shall retain the benefit of the provisions of Articles 78 and 126 of the present Convention.
Furthermore, they shall be entitled to receive and despatch correspondence, to receive
at least one relief parcel monthly, to take regular exercise in the open air, to have the
218__________United Nations — Treaty Series_________1950
medical care required by their state of health, and the spiritual assistance they may
desire. Penalties to which they may be subjected shall be in accordance with the
provisions of Article 87, third paragraph.
PART IV
TERMINATION OF CAPTIVITY
SECTION I
DIRECT REPATRIATION AND ACCOMMODATION IN NEUTRAL COUNTRIES
ARTICLE 109
Subject to the provisions of the third paragraph of this Article, Parties to the
conflict are bound to send back to their own country, regardless of number or rank,
seriously wounded and seriously sick prisoners of war, after having cared for them until
they are fit to travel, in accordance with the first paragraph of the following Article.
Throughout the duration of hostilities, Parties to the conflict shall endeavour,
with the cooperation of the neutral Powers concerned, to make arrangements for the
accommodation in neutral countries of the sick and wounded prisoners of war referred
to in the second paragraph of the following Article. They may, in addition, conclude
agreements with a view to the direct repatriation or internment in a neutral country
of able-bodied prisoners of war who have undergone a long period of captivity.
No sick or injured prisoner of war who is eligible for repatriation under the first
paragraph of this Article, may be repatriated against his will during hostilities.
ARTICLE no
The following shall be repatriated direct:
(1)
Incurably wounded and sick whose mental or physical fitness seems to have
been gravely diminished.
(2)
Wounded and sick who, according to medical opinion, are not likely to recover
within one year, whose condition requires treatment and whose mental or
physical fitness seems to have been gravely diminished.
(3)
Wounded and sick who have recovered, but whose mental or physical fitness
seems to have been gravely and permanently diminished.
220_________United Nations — Treaty Series________1950
The following may be accommodated in a neutral country:
(1)
Wounded and sick whose recovery may be expected within one year of the
date of the wound or the beginning of the illness, if treatment in a neutral
country might increase.the prospects of a more certain and speedy recovery.
(2)
Prisoners of war whose mental or physical health, according to medical
opinion, is seriously threatened by continued captivity, but whose accom
modation in a neutral country might remove such a threat,
The conditions which prisoners of war accommodated in a neutral country must
fulfil in order to permit their repatriation shall be fixed, as shall likewise their status,
by agreement between the Powers concerned. In general, prisoners of war who have been
accommodated in a neutral country, and who belong to the following categories, should
be repatriated:
(1)
Those whose state of health has deteriorated so as to fulfil the conditions
laid down for direct repatriation ;
(2)
Those whose mental or physical powers remain, even after treatment, con
siderably impaired.
If no special agreements are concluded between the Parties to the conflict concerned,
to determine the cases of disablement or sickness entailing direct repatriation or
accommodation in a neutral country, such cases shall be settled in accordance with
the principles laid down in the Model Agreement concerning direct repatriation and
accommodation in neutral countries of wounded and sick prisoners of war and in
the Regulations concerning Mixed Medical Commissions annexed to the present
Convention.
ARTICLE III
The Detaining Power, the Power on which the prisoners of war depend, and a
neutral Power agreed upon by these two Powers, shall endeavour to conclude agreements
which will enable" prisoners of war to be interned in the territory of the said neutral
Power until the close of hostilities.
ARTICLE 112
Upon the outbreak of hostilities. Mixed Medical Commissions shall be appointed
to examine sick and wounded prisoners of war, and to make all appropriate decisions
regarding them. The appointment, duties and functioning of these Commissions
shall be in conformity with the provisions of the Regulations annexed to the present
Convention.
However, prisoners of war who, in the opinion' of the medical authorities of the
Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated
without having to be examined by a Mixed Medical Commission.
222_________United Nations — Treaty Series________1950
ARTICLE 113
Besides those who are designated by the medical authorities of the Detaining
Power, wounded or sick prisoners of war belonging to the categories .listed below shall
be entitled to present themselves for examination by the Mixed Medical Commissions
provided for in the foregoing Article;
(1) Wounded and sick proposed by a physician or surgeon who is of the same
nationality, or a national of a Party to the conflict allied with the Power on
which the said prisoners depend, and who exercises his functions in the camp.
(2) Wounded and sick proposed by their prisoners' representative.
(3) Wounded and sick proposed by the Power on which they depend, or by an
organization duly recognized by the said Power and giving assistance to the
prisoners.
Prisoners of war who do not belong to one of the three foregoing categories may
neverthe^ss present themselves for examination by Mixed Medical Commissions, but
shall be examined only after those belonging to the said categories.
The physician or surgeon of the same nationality as the prisoners who present them
selves for examination by the Mixed Medical Commission, likewise the prisoners' repre
sentative of the said prisoners, shall have permission to be present at the examination.
ARTICLE 114
Prisoners of war who meet with accidents shall, unless the injury is self-inflicted,
have the benefit of the provisions of this Convention as regards repatriation or accom
modation in a neutral country.
ARTICLE 115
No prisoner of war on whom a disciplinary punishment has been imposed and who
is eligible for repatriation or for accommodation in a neutral country, may be kept back
on the plea that he has not undergone his punishment.
Prisoners of war detained in connection with a judicial prosecution or conviction
and who are designated for repatriation or accommodation in a neutral country, may
benefit by such measures before the end of the proceedings or the completion of the
punishment, if the Detaining Power consents.
Parties to the conflict shall communicate to each other the names of those who
will be detained until the end of the proceedings or the completion of the punishment.
ARTICLE Il6
The cost of repatriating prisoners of war or of transporting them to a neutral
country shall be borne, from the frontiers of the Detaining Power, by the Power on
which the said prisoners depend.
224_________United Nations — Treaty Series________1950
ARTICLE II;
No repatriated person may be employed on active military service.
SECTION II
RELEASE AND REPATRIATION OF PRISONERS OF WAR
AT THE CLOSE OF HOSTILITIES
ARTICLE Il8
Prisoners of war shall be released and repatriated without delay after the cessation
of active hostilities.
In the absence of stipulations to the above effect in any agreement concluded
between the Parties to the conflict with a view to the cessation of hostilities, or
failing any such agreement, each of the Detaining Powers shall itself establish and
execute without delay a plan of repatriation in conformity with the principle laid down
in the foregoing paragraph.
In either case, the measures adopted shall be brought to the knowledge of the
prisoners of war.
The costs of repatriation of prisoners of war shall in all cases be equitably apportion
ed between the Detaining Power and the Power on which the prisoners depend. This
apportionment shall be carried out on the following basis :
(a) If the two Powers are contiguous, the Power on which the prisoners of war
depend shall bear the costs of repatriation from the frontiers of the Detaining
Power.
(b) If the two Powers are not contiguous, the Detaining Power shall bear the
costs of transport of prisoners of war over its own territory as far as its frontier
or its port of embarkation nearest to the territory of the Power on which the
prisoners of war depend. The Parties concerned shall agree between themselves
as to the equitable apportionment of the remaining costs of the repatriation.
The conclusion of this agreement shall in no circumstances justify any delay
in the repatriation ot the prisoners of war.
ARTICLE 119
Repatriation shall be effected in conditions similar to those laid down in Articles 46
to 48 inclusive of the present Convention for the transfer of prisoners of war, having
regard to the provisions of Article 118 and to those of the following paragraphs.
On repatriation, any articles of value impounded from prisoners of war under
226__________United Nations — Treaty Series_________1950
Article 18, and any foreign currency which has not been converted into the currency of
the Detaining Power, shall be restored to them. Articles of value and foreign currency
which, for any reason whatever, are not restored to prisoners of war on repatriation,
shall be despatched to the Information Bureau set up under Article 122.
Prisoners of war shall be allowed to take with them their personal effects, and
any correspondence and parcels which have arrived for them. The weight of such bag
gage may be limited, if the conditions of repatriation so require, to what each prisoner
can reasonably carry. Each prisoner shall in all cases be authorized to carry at least
twenty-five kilograms.
The other personal effects of the repatriated prisoner shall be left in the charge of
the Detaining Power which shall have them forwarded to him as soon as it has concluded
an agreement to this effect, regulating the conditions of transport and the payment of
the costs involved, with the Power on which the prisoner depends.
Prisoners of war against whom criminal proceedings for an indictable offence are
pending may be detained until the end of such proceedings, and, if necessary, until the
completion of the punishment. The same shall apply to prisoners of war already con
victed for an indictable offence.
Parties to the conflict shall communicate to each other the names of any prisoners
of war who are detained until the end of the proceedings or until punishment has
been completed.
By agreement between the Parties to the conflict, commissions shall be established
for the purpose of searching for dispersed prisoners of war and of assuring their repatria
tion with the least possible delay.
SECTION III
DEATH OF PRISONERS OF WAR
ARTICLE 120
Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity
required by the legislation of their country of origin, which will take steps to inform the
Detaining Power of its requirements in this respect. At the request of the prisoner of
war and, in all cases, after death, the will shall be transmitted without delay to the
Protecting Power; a certified copy shall be sent to the Central Agency.
Death certificates, in the form annexed to the present Convention, or lists certified
by a responsible officer, of all persons who die as prisoners of war shall be forwarded
as rapidly as possible to the Prisoner of War Information Bureau established
in accordance with Article 122. The death certificates or certified lists shall show
particulars of identity as set out in the third paragraph of Article 17, and also the date
and place of death, the cause of death, the date and place of burial and all particulars
necessary to identify the graves.
228__________United Nations—Treaty Series_________1950
The burial or cremation of a prisoner of war shall be preceded by a medical
examination of the body with a view to confirming death and enabling a report to be
made and, where necessary, establishing identity.
The detaining authorities shall ensure that prisoners of war who have died in
captivity are honourably buried, if possible according to the rites of the religion to which
they belonged, and that their graves are respected, suitably maintained and marked
so as to be found at any time. Wherever possible, deceased prisoners of war who
depended on the same Power shall be interred in the same place.
Deceased prisoners of war shall be buried in individual graves unless unavoidable
circumstances require the use of collective graves. Bodies may be cremated only for
imperative reasons of hygiene, on account of the religion of the deceased or in accordance
with his express wish to this effect. In case of cremation, the fact shall be stated and the
reasons given in the death certificate of the deceased.
In order that graves may always be found, all particulars of burials and graves shall
be recorded with a Graves Registration Service established by the Detaining Power.
Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere
shall be transmitted to the Power on which such prisoners of war depended.
Responsibility for the care of these graves and for records of any subsequent moves of
the bodies shall rest on the Power controlling the territory, if a Party to the present
Convention. These provisions shall also apply to the ashes, which shall be kept by the
Graves Registration Service until proper disposal thereof in accordance with the wishes
of the home country.
ARTICLE 121
Every death or serious injury of a prisoner of war caused or suspected to have been
caused by a sentry, another prisoner of war, or any other person, as well as any death the
cause of which is unknown, shall be immediately followed by an official enquiry by the
Detaining Power.
A communication on this subject shall be sent immediately to the Protecting Power.
Statements shall be taken from witnesses, especially from those who are prisoners of
war, and a report including such statements shall be forwarded to the Protecting Power.
If the enquiry indicates the guilt of one or more persons, the Detaining Power shall
take all measures for the prosecution of the person or persons responsible.
230__________United Nations — Treaty Series_________195»
PART V
INFORMATION BUREAUX AND RELIEF SOCIETIES
FOR PRISONERS OF WAR
ARTICLE 122
Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to
the conflict shall institute an official Information Bureau for prisoners of war who are in
its power. Neutral or non-belligerent Powers who may have received within their
territory persons belonging to one of the categories referred to in Article 4, shall take
the same action with respect to such persons. The Power concerned shall ensure that
the Prisoners of War Information Bureau is provided with the necessary accommodation,
equipment and staff to ensure its efficient working. It shall be at liberty to employ
prisoners of war in such a Bureau under the condition^ laid down in the Section of the
present Convention dealing with work by prisoners of war.
Within the shortest possible period, each of the Parties to the conflict shall give its
Bureau the information referred to in the fourth, fifth and sixth paragraphs of this
Article regarding any enemy person belonging to one of the categories referred to in
Article 4, who has fallen into its power. Neutral or non-belligerent Powers shall take
the same action with regard to persons belonging to such categories whom they have
received within their territory.
The Bureau shall immediately forward such information by the most rapid means to
the Powers concerned, through the intermediary of the Protecting Powers and likewise
of the Central Agency provided for in Article 123.
This information shall make it possible quickly to advise the next of kin concerned.
Subject to the provisions of Article 17, the information shall include, in so far as available
to the Information Bureau, in respect of each prisoner of war, his surname, first names,
rank, army, regimental, personal or serial number, place and full date of birth, indication
of the Power on which he depends, first name of the father and maiden name of the
mother, name and address of the person to be informed and the address to which
correspondence for the prisoner may be sent.
The Information Bureau shall receive from the various departments concerned
information regarding transfers, releases, repatriations, escapes, admissions to hospital,
and deaths, and shall transmit such information in the manner described in the third
paragraph above.
Likewise, information regarding the state of health of prisoners of war who are
seriously ill or seriously wounded shall be supplied regularly, every week if possible.
The Information Bureau shall also be responsible for replying to all enquiries sent to
it concerning prisoners of war, including those who have died in captivity; it will make
any enquiries necessary to obtain the information which is asked for if this is not in its
possession.
232_______
United Nations— Treaty Serifs
1950
All written communications made by the Bureau shall be authenticated by
a signature or a seal.
The Information Bureau shall furthermore be charged with collecting all personal
valuables, including sums in currencies other than that of the Detaining Power and docu
ments of importance to the next of kin, left by prisoners of war who have been repatriated
or released, or who have escaped or died, and shall forward the said valuables to the
Powers concerned. Such articles shall be sent by the Bureau in sealed packets which
shall be accompanied by statements giving clear and full particulars of the identity of
the person to whom the articles belonged, and by a complete list of the contents of the
parcel. Other personal effects of such prisoners of war shall be transmitted under
arrangements agreed upon between the Parties to the conflict concerned.
ARTICLE 123
A Central Prisoners of War Information Agency shall be created in a neutral
country. The International Committee of the Red Cross shall, if it deems necessary,
propose to the Powers concerned the organization of such an Agency.
The function of the Agency shall be to collect all the information it may obtain
through official or private channels respecting prisoners of war, and to transmit it as
rapidly as possible to the country of origin of the prisoners of war or to the Power on
which they depend. It shall receive from the Parties to the conflict all facilities for
effecting such transmissions.
The High Contracting Parties, and in particular those whose nationals benefit by
the services of the Central Agency, are requested to give the said Agency the financial
aid it may require.
The foregoing provisions shall in no way be interpreted as restricting the humani
tarian activities of the International Committee of the Red Cross, or of the relief
societies provided for in Article 125.
ARTICLE 124
The national Information Bureaux and the Central Information Agency shall
enjoy free postage for mail, likewise all the exemptions provided for in Article 74, and
further, so far as possible, exemption from telegraphic charges or, at least, greatly
reduced rates.
ARTICLE 125
Subject to the measures which the Detaining Powers may consider essential to
ensure their security or to meet any other reasonable need, the representatives of religious
organizations, relief societies, or any other organization assisting prisoners of war, shall
receive from the said Powers, for themselves and their duly accredited agents, all
234_________United Nations- Treitty Séries________1950
necessary facilities for visiting the prisoners, for distributing relief supplies and material,
from any source, intended for religious, educational or recreative purposes, and for
assisting them in organizing their leisure time within the camps. Such societies or
organizations may be constituted in the territory of the Detaining Power or in any
other country, or they may have an international character.
The Detaining Power may limit the number of societies and organizations whose
delegates are allowed to carry out their activities in its territory and under its supervision,
on condition, however, that such limitation shall not hinder the effective operation of
adequate relief to all prisoners of war.
The special position of the International Committee of the Red Cross in this field
shall be recognized and respected at all times.
As soon as relief supplies or material intended for the above-mentioned purposes
are handed over to prisoners of war, or very shortly afterwards, receipts for each consign
ment, signed by the prisoners' representative, shall be forwarded to the relief society
or organization making the shipment. At the same time, receipts for these consignments
shall be supplied by the administrative authorities responsible for guarding the prisoners.
PART VI
EXECUTION OF THE CONVENTION
SECTION Ï
GENERAL PROVISIONS
ARTICLE 126
Representatives or delegates of the Protecting Powers shall have permission to go to
all places where prisoners of war may be, particularly to places of internment, imprison
ment and labour, and shall have access to all premises occupied by prisoners of war;
they shall also be allowed to go to the places of departure, passage and arrival of prisoners
who are being transferred. They shall be able to interview the prisoners, and in particular
the prisoners' representatives, without witnesses, either personally or through an
interpreter.
Representatives and delegates of the Protecting Powers shall have full liberty to
select the places they wish to visit. The duration and frequency of these visits shall not
be restricted. Visits may not be prohibited except for reason» of imperative military
necessity, and then only as an exceptional and temporary measure.
236__________United Nations — Treaty Series_________1950
The Detaining Power and the Power on which the said prisoners of war depend may
agree, if necessary, that compatriots of these prisoners of war be permitted to participate
in the visits.
The delegates of the International Committee of the Red Cross shall enjoy the same
prerogatives. The appointment of such delegates shall be submitted to the approval of
the Power detaining the prisoners of war to be visited.
ARTICLE 127
The High Contracting Parties undertake, in time of peace as in time of war, to
disseminate the text of the present Convention as widely as possible in their respectivecountries, and, in particular, to include the study thereof in their programmes of military
and, if possible, civil instruction, so that the principles thereof may become known to all
their armed forces and to the entire population.
Any military or other authorities, who in time of war assume responsibilities in
respect of prisoners of war, must possess the text of the Convention and be specially
instructed as to its provisions.
ARTICLE 128
The High Contracting Parties shall communicate to one another through the Swiss
Federal Council and, during hostilities, through the Protecting Powers, the official
translations of the present Convention, as well as the laws and regulations which they
may adopt to ensure the application thereof.
ARTICLE 129
The High Contracting Parties undertake to enact any legislation necessary to provide
effective penal sanctions for persons committing, or ordering to be committed, any of the
grave breaches of the present Convention defined in the following Article.
Each High Contracting Party shall be under the obligation to search for persons
alleged to have committed, or to have ordered to be committed, such grave breaches, and
shall bring such persons, regardless of their nationality, before its own courts. It may
also, if it prefers, and in accordance with the provisions of its own legislation, hand such
persons over for trial to another High Contracting Party concerned, provided such
High Contracting Party has made out a prima facie case,
Each High Contracting Party shall take measures necessary for the suppression of
all acts contrary to the provisions of the present Convention other than the grave
breaches defined in the following Article.
In all circumstances, the accused persons shall benefit by safeguards of proper trial
and defence, which shall not be less favourable than those provided by Article 105 and
those following of the present Convention.
238_________United Nations — Treaty Series________1950
ARTICLE 130
Grave breaches to which the preceding Article relates shall be those involving any
of the following acts, if committed against persons or property protected by the Conven
tion; wilful killing, torture or inhuman treatment, including biological experiments,
wilfully causing .great suffering or serious injury to body or health, compelling a
.prisoner of war to serve in the forces of the hostile Power, or wilfully depriving a
prisoner of war of the rights of fair and regular trial prescribed in this Convention.
ARTICLE 131
No High Contracting Party shall be allowed to absolve itself or any other High
Contracting Party of any liability incurred by itself or by another High Contracting
Party in respect of breaches referred to in the preceding Article,
ARTICLE 132
At the request of a Party to the conflict, an enquiry shall be instituted, in a manner to
be decided between the interested Parties, concerning any alleged violation of the
Convention.
If agreement has not been reached concerning the procedure for the enquiry, the
Parties should agree on the choice of an umpire who will decide upon the procedure to
be followed.
Once the violation has been established, the Parties to the conflict shall put an end
to it and shall repress it with the least possible delay.
SECTION II
FINAL PROVISIONS
ARTICLE 133
The present Convention is established in English and in French. Both texts are
equally authentic.
The Swiss Federal Council shall arrange for official translations of the Conven
tion to be made in the Russian and Spanish languages.
ARTICLE 134
The present Convention replaces the Convention of July 27, 1929, in relations
between the High Contracting Parties.
' Sec note 4, p. 6,
240__________United Nations — Treaty Series_________1950
ARTICLE 135
In the relations between the Powers which are bound by the Hague Convention
respecting the Laws and Customs of War on Land, whether that of July 29, iSgg^or
that of October 18, 1907? and which are parties to the present Convention, this last
Convention shall be complementary to Chapter IÏ of the Regulations annexed to the
above-mentioned Conventions of the Hague.
ARTICLE 136
The present Convention, which bears the date of this day, is open to signature
until February 12, 1950, in the name of the Powers represented at the Conference
which opened at Geneva on April 21, 1949; furthermore, by Powers not represented
at that Conference, but which are parties to the Convention of July 27, 1929,
ARTICLE 137
The present Convention shall be ratified as soon as possible and the ratifications
shall be deposited at Berne.
A record shall be drawn up of the deposit of each instrument of ratification and
certified copies of this record shall be transmitted by the Swiss Federal Council to all
the Powers in whose name the Convention has been signed, or whose accession has been
notified.
ARTICLE 138
The present Convention shall come into force six months after not less than two
instruments of ratification have b' n deposited.
Thereafter, it shall come into force for each High Contracting Party six months
after the deposit of the instrument of ratification.
ARTICLE 139
From the date of its coming into force, it shall be open to any Power in whose
name the present Convention has not been signed, to accede to this Convention.
ARTICLE I4O
Accessions shall be notified in writing to the Swiss Federal Council, and shall take
effect six months after the date on which they are received.
The Swiss Federal Council shall communicate the accessions to all the Powers in
whose name the Convention has been signed, or whose accession has been notified,
' D.' Martrm, Nouveau Retail mineral de Traités, 2*mi- série, tomr XXVI, p. 949, — ' Ibid., 3frmc set»,
tonic III. p. 461.
242__________United Nations — Treaty Serifs_________1950
ARTICLE 141
The situations provided for in Articles 2 and 3 shall give immediate effect to rati
fications deposited and accessions notified by the Parties to the conflict before or after
the beginning of hostilities or occupation. The Swiss Federal Council shall communicate
by the quickest method any ratifications or accessions received from Parties to the
conflict,
ARTICLE 142
Each of the High Contracting Parties shall be at liberty to denounce the present
Convention.
The denunciation shall be notified in writing to the Swiss Federal Council, which
shall transmit it to the Governments of all the High Contracting Parties,
The denunciation shall take effect one year after the notification thereof has been
made to the Swiss Federal Council. However, a denunciation of which notification has
been made at a time when the denouncing Power is involved in a conflict shall not take
effect until peace has been concluded, and until after operations connected with release
and repatriation of the persons protected by the present Convention have been terminated.
The denunciation shall have effect only in respect of the denouncing Power. It
shall in no way impair the obligations which the Parties to the conflict shall remain
bound to fulfil by virtue of the principles of the law of nations, as they result from
the usages established among civilized peoples, from the laws of humanity and the
dictates of the public conscience.
ARTICLE 143
The Swiss Federal Council shall register the present Convention with the Secretariat
of the United Nations, The Swiss Federal Council shall also inform the Secretariat
of the United Nations of all ratifications, accessions and denunciations received by it
with respect to the present Convention.
IN WITNESS WHEREOF the undersigned, having deposited their respective full
powers, have signed the present Convention.
DONE at Geneva this twelfth day of August 1949, in the English and French
languages. The original shall be deposited in the Archives of the Swiss Confederation.
The Swiss Federal Council shall transmit certified copies thereof to each of the
signatory and acceding States.
244__________United Nations — Treaty Série?______
Tor Afghanistan
1950
Pour l'Afghanistan
M. Osman AMIRI
For the People's Republic of
Pour la République populaire
Albania
d'Albanie
Avec les réserves aux articles 10, 12 et 85 ci-jointes 1
J, MALO
For Argentina
Pour l'Argentine
Avec la réserve ci-jointe a
Guillermo A. SPERONI
Australia
Pour l'Australie
Norman R. MIGHELL
Subject to ratification *
For Austria
Pour l'Autriche
Dr. Rud. BLUEHDORN
For Belgium
Pour la Belgique
Maurice BOURQUIN
For the Byelorussian Soviet
Socialist Republic
Pour la République socialiste
soviétique de Biélorussie
C orosopKaMH no CT. CT. 10, 12, 85.*
TÊKCT orosopOK npHJiaraercsi
Diasa jjeJierauHH BCCP
M. KVUEHHHKOB
1 Translation: With the attached réservations concerning articles 10, 12 and 85. (Sec
the text of the reservations p. 420.)
'Translation: With the attached réservation. (See the text of the reservation p. 422.)
1 When signing, the Australian Plenipotentîary declared that his Government retained
the right to enter reservations at the time of
ratification,
'Translation: With reservations concerning
articles 10, 12, 85. The te.xt of the reservations
is attached. — The Head of the delegation of
the Byelorussion Soviet Socialist Republic:
I. KUTZEINIKOV. (See the text of the réservations p. 422.)
* Voir le texte des réserves p. 421.
* Voir le texte de la réserve p. 423,
* Traduction: Sous reserve de ratification,
Au moment de la signature, le plénîpotentiaîre australien a déclaré que son Gouvernement se réservait le droit de faire des réserves
au moment de la ratification.
* Traduction: Avec réserves concernant les
articles 10, 12, 85. Le texte des réserves est
joint à la présente Convention. — Le chef de
la delegation de la République socialiste sovicticjue de Biélorussie: I. KOUTZÉINIKOV,
(Voir le texte des réserves p. 423.)
1950
Nations Unies — Recueil des Traités
245
Pour la Bolivie
For Bolivia
G. MEDEIROS
For Brazil
So PlNTO DA SlLVA
For the Bulgarian People's
Republic
Pour le Brésil
General Floriano DE LIMA BRAYNER
Pour la République populaire
de Bulgarie
Avec les réserves ci-jointes 1
K. B. SVETLOV
Pour le Canada
For Canada
Max H. WERSHOF
Pour Ceylan
For Ceylon
V. COOMARASWAMY
Pour le Chili
For Chile
F. CISTERNAS ORTIZ
Pour la Chine
For China
Wu Nan-Ju
Pour la Colombie
For Colombia
Rafaël ROCHA Se H LOS s
Pour Cuba
For Cuba
J. DE LA Luz LEON
t * Translation: With the attached réserva-
boni. (See the text of the reservations p.
426.)
'Voirie texte dd réservCI p. 427.
246
________United Nations — Treaty Series
For Denmark
Georg GOHN
Paul IPSEN
For Egypt
1950
Pour le Danemark
BAGGE
Pour l'Egypte
A. K. SAFWAT
For Ecuador
Pour l'Equateur
Alex. GASTELÛ
For Spain
Pour 1'Espagnc
Avec les réserves ci-jointes 1
Luis CALDERON
For thé United States of America
Leland HARRISON
Pour les Etats-Unis d'Amérique
Raymund J. YINGLING
For Ethiopia
Pour l'Ethiopie
Gachaou ZELLEKE
For Finland
Pour la Finlande
Reinhold SVENTO
For France
Pour la France
G. CAH EN-SALVADOR
JACQUINOT
For Greece
Pour la Grècc
M. PesMAZOGLOu
For Guatemala
Pour le Guatemala
A. DUPONT-WILLEMIN
1 Translation: With the attached, réservations. (See the text of the reservations p. 432.)
1 Voir le texte des réserves p. 433.
1950
Nations Unies — Recueil des Traités
247
For the Hungarian People's
Pour la République populaire
Republic
hongroise
Avec les réserves ci-jointes *
Anna KARA
For India
Pour l'Inde
D. B. DESAI
For Iran
Pour l'Iran
A. H. MEYKADEH
For the Republic of Ireland
Pour la République d'Irlande
Scan MACBRIDE
For Israël
Pour Israël
M. KAHANY
For Italy
Pour l'Italie
Giacinto AURITI
Ettore BAISTROCCHI
Avec la réserve ci-jointe 2
For the Lebanon
Pour le Liban
MIKAOUI
For Liechtenstein
Pour le Liechtenstein
Comte F. WILCZEK:
For Luxemburg
Pour le Luxembourg
J. STURM
Avec la réserve ci-annexée 8
* Translation: With the attached réservalions. (See the text of the reservations p. 432.)
* Translation: With the attached réservation. (See the text of the reservation p. 438.)
* Translation: With the attached réservation. (See the text of the reservation p. 440.)
* Voir le texte des réserves p. 433.
f Voir le texte de la réserve p. 439.
"Voir le texte de la réserve p. 441.
248
United Nations — Treaty Series_________1950
For Mexico
Pour le Mexique
Pedro DE ALBA
W. R, CASTRO
For the Principality of Monaco
Pour la Principauté de Monaco
M. LOZÊ
For Nicaragua
Pour le Nicaragua
Ad referendum
LIFSCHITZ
For Norway
Pour la Norvège
Rolf ANDERSEN
Tor New Zealand
Pour la Nouvelle-Zélande
G. R. LAKINO
For Pakistan
Pour le Pakistan
S. M. A. FARUKI, M.G.
A. H. SHAIKH
For Paraguay
Pour le Paraguay
Conrad FEHR
For the Netherlands
Pour les Pays-Bas
J. BOSCH DE ROSENTHAL
For Peru
Pour le Pérou
Gonzalo PIZARRO
For the Republic of
the Philippines
Pour la République
des Philippines
P. SEBASTIAN *
1 "This signature is subject to ratification by
the Philippines Senate in accordance with the
provisions of their Constitution."
* Traduction: "Cette signature est soumise
à la ratification du Sénat des Philippines confermement aux dispositions de la Constitution
de ce pays."
1950
Nations Unies — Recueil des Traités
For Poland
249
Pour la Pologne
Avec les réserves ci-jointes *
Julian PRZYBOS
For Portugal
Pour le Portugal
Avec les réserves ci-jointes 2
G. CALDEIRA COELHO
For the Rumanian People's
Republic
Pour la République populaire
roumaine
Avec les réserves ci-jointes 3
I. DRAGOMIR
For thé United Kingdom of Great
Pour le Royaume-Uni de GrandeBrîtain and Northern Ireland
Bretagne et d'Irlande du Nord
Robert CRAIGIE
H. A. STRUTT
W. H. GARDNER
For the Holy See
Pour le Saint-Siège
Philippe BERNARDINI
For El Salvador
Pour El Salvador
R. A. BUSTAMANTE
For Sweden
Pour la Suède
Sous réserve de ratification par S.M. le Roi de Suède
avec l'approbation du Riksdag*
Staffan SODERBLOM
1 Translation: With the attached réservalions. (See the text of the reservations p.
442.)
* Translation: With the attached réservalions. (See the text of the reservations p. 446.)
* Translation: With the attached réservatiens. (See the text of the reservations p. 448.)
4 7>flrtjfott<m; Subject to ratification by His
Majesty the King of Sweden with the consent
of the Riksdag.
* Voir le texte des réserves p. 443.
* Voir le texte des réserves p. 447.
* Voir le texte des réserves p. 449.
250_________United Nations — Treaty Series'________1950
For Switzerland
Pour la Suisse
Max PETTTPIERRE
Plinio BOLLA
Colonel div. DU PASQUIER
Ph. ZUTTER
H. MEUU
For Syria
Pour la Syrie
Omar El DJABRI
A. GENNAOUI
For Czechoslovakia
Pour la Tchécoslovaquie
Avec lea réserves ci-jointes *•
TAUBER
For Turkey
Pour la Turquie
Rana TARHAN
For the Ukrainian Soviet
Pour la République socialiste
Socialist Republic
soviétique d'Ukraine
C oroiîopKaMH no CTaibHM 10, 12, 85.*
TCKCT oroBOpoïc npfuiaraeicH
Flo ynojiHOMOHKW npaBHTeflbCTBa VCCP
nPO*ECCOP O. EOrOMOJlELi;
For thé Union of Soviet Socialist
Pour l'Union des Républiques
Republics
socialistes soviétique»
C oroeopKaMH no CTaibSM 10, 12, 85. •
TBKCT oroBOpoK npïwiaraeTCH
ejierauHH CCCP
H, CHABHH
t Trantlationt With the attached reiervatïoni. (See the text of the reicrvationi p, 452.)
1 Translation: With rciervationi concerning
artictei 10, 12, 85, The text of the reiervationi ii attached.'—By authority of the Government of the Ukrainian Soviet Socialiit
Republic: Profeisor O. BOOOMOLETZ. (See
the text of the reiervatiom p. 454.)
* Translation: With reiervatiom concerning
articlci 10, 12, 85. The text of the reiervationi ii attached.—The Head of the delegation of the Union of Soviet Socialiit Republies: N. SLAVIN, (See the text of the reiervationi p. 458.)
* Voir le texte dei réserves p. 453.
Traduction: Avec reicrvw concernant les
article» 10, 12, 85, Le texte de» réiervei eit
joint à la présente Convention. — Par dewgation du Gouvernement de t la République
locialîite loviétiquc d'Ukraine: Profeiicur
O. BOOOMOLBTZ. (Voir le texte des réserves
p. 455.)
* Traduction: Avec réierve» concernant lei,
articlei 10, 12, 85. Le texte des réserve» ot
joint à la préiente Convention. — Le chef de
la délégation de l'Union des Républiques
socialiite» soviétiques: N. SLAVINI, (Voir k
texte dei rétervei p. 459.)
1950_______Nations Unies — Recueil des Traités______251
For Uruguay
Pour l'Uruguay
Conseiller Colonel Hector J. BLANCO
For Venezuela
Pour le Venezuela
A. POSSE DE RIVAS
For the Federal People'» Republic
Pour la République federative
of Yugoslavia
populaire de Yougoslavie
Avec les réserves ci-jointes l
Milan
u Wîth the attached rwervationi. (See the text of Uu reiervfttlontp.460.)
*Volr le texte d« réicrvci p. 461.
252_____
United Nations — Treaty Series_________1950
ANNEX I
MODEL AGREEMENT CONCERNING DIRECT REPATRIATION
AND ACCOMMODATION IN NEUTRAL COUNTRIES OF WOUNDED
AND SICK PRISONERS OF WAR
(see Article no)
I. — PRINCIPLES FOR DIRECT REPATRIATION
AND ACCOMMODATION IN NEUTRAL COUNTRIES
A.
DIRECT REPATRIATION
The following shall be repatriated direct:
(1) All prisoners of war suffering from the following disabilities as the result of trauma:
loss of a limb, paralysis, articular or other disabilities, when this disability is at
least the loss of a hand or a foot, or the equivalent of the loss of a hand or a foot,
Without prejudice to a more generous interpretation, the following shall be
considered as equivalent to the loss of a hand or a foot ;
(a)
Loss of a hand or of all the fingers, or of the thumb and forefinger of one hand ;
loss of a foot, or of all the toes and metatarsals of one foot.
(b) Ankylosis, loss of osseous tissue, cicatricial contracture preventing the func
tioning of one of the large articulations or of all the digital joints of one hand.
(c) Pseudarthrosis of the long bones,
(d)' Deformities due to fracture or other injury which seriously interfere with
function and weight-bearing power.
(2) All wounded prisoners of war whose condition has become chronic, to the extent
that prognosis appears to exclude recovery—in spite of treatment—within one
year from the date of the injury, as, for example, in case of;
(a)
Projectile in the heart, even if the Mixed Medical Commission should fail,
at the time of their examination, to detect any serious disorders,
(b)
(d)
(e)
Metallic splinter in the brain or the lungs, even if the Mixed Medical
Commission cannot, at the time of examination, detect any local or general
reaction.
Osteomyelitis, when recovery cannot be foreseen in the course of the year
following the injury, and which seems likely to result in ankylosis of a joint,
or other impairments equivalent to the loss of a hand or a foot.
Perforating and suppurating injury to the large joints.
Injury to the skull, with loss or shifting of bony tissue.
(f)
Injury or burning of the face with loss of tissue and functional lesions.
(c)
254__________United Nations- Treaty Series_________1950
(g)
(h)
(i)
injury to the spinal cord.
Lesion of the peripheral nerves, the sequelae of which are equivalent to the
loss of a hand or foot, and the cure of which requires more than a year from
the date of injury, for example: injury to the brachial or lumbosacral plexus
median or sciatic nerves, likewise combined injury to the radial and cubital
nerves or to the lateral popliteal nerve (N. peroneous communis) and medial
popliteal nerve {N. tibialis) ; etc. The separate injury of the radial (musculospiral), cubital, lateral or medial popliteal nerves shall not, however, warrant
repatriation except in case of contractures or of serious neurotrophic distur
bance.
Injury to the urinary system, with incapacitating results.
(3) All sick prisoners of war whose condition has become chronic to the extent that
prognosis seems to exclude recovery—in. spite of treatment—within one year from
the inception of the disease, as, for example, in case of:
(a)
Progressive tuberculosis of any organ which, according to medical prognosis,
cannot be cured or at least considerably improved by treatment in a neutral
country.
(b) Exudate pleurisy.
(c) Serious diseases of the respiratory organs of non-tubercular etiology, presumed
incurable, for example: serious pulmonary emphysema, with or without
bronchitis; chronic asthma*; chronic bronchitis* lasting more than one
year in captivity; bronchiectasis *•; etc.
(d) Serious chronic affections of the circulatory system, for example: valvular
lesions and myocarditis *, which have shown signs of circulatory failure
during captivity, even though the Mixed Medical Commission cannot detect
any such signs at the time of examination; affections of the pericardium and
the vessels (Buerger's disease, aneurisms of the large vessels) ; etc.
(e) Serious chronic affections of the digestive organs, for example: gastric or
duodenal ulcer; sequelae of gastric operations performed in captivity; chro
nic gastritis, enteritis or colitis, having lasted more than one year and seriously
affecting the general condition; cirrhosis of the liver; chronic cholecystopathy * ; etc.
(I) Serious chronic affections of the genito-urinary organs, for example ; chronic
diseases of the kidney with consequent disorders; nephrectomy because of
à tubercular kidney; chronic pyelitis or chronic cystitis; hydronephrosis or
pyonephrosis; chronic grave gynaecological conditions; normal pregnancy
and obstetrical disorder, where it is impossible to accommodate in a neutral
country; etc.
* The decision ot the Mixed Medical Commission shall be baaed to a great extent on the records
kept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an
examination by medical specialists of the Detaining Power.
256__________United Nations —Treaty Series______
(g)
(h)
(i)
(k)
(I)
(m)
(n)
(o)
(P)
(q)
(r)
(s)
(t)
1950
Serious chronic diseases of the central and peripheral nervous system, for
example : all obvious psychoses and psychoneuroses, such as serious hysteria,
serious captivity psychoneurosis, etc., duly verified by a specialist*; any
epilepsy duly verified by the camp physician*; cerebral arteriosclerosis;
chronic neuritis lasting more than one year; etc.
Serious chronic diseases of the neuro-vegetative system, with considerable
diminution of mental or physical fitness, noticeable loss of weight and general
asthenia.
Blindness of both eyes, or of one eye when the vision of the other is less than
i in spite of the use of corrective glasses; diminution of visual acuity in
cases where it is impossible to restore it by correction to an acuity of l/2 in at
least one eye*; other grave ocular affections, for example: glaucoma, iritis,
choroiditis; trachoma; etc.
Auditive disorders, such as total unilateral deafness, if the other ear does not
discern the ordinary spoken word at a distance of one metre * ; etc.
Serious affections of metabolism, for example : diabetes mellitus requiring
insulin treatment ; etc.
Serious disorders of the endocrine glands, for example: thyrotoxicosis; hypothyrosis; Addison's disease; Simmonds' cachexia; tetany; etc.
Grave and chronic disorders of the blood-forming organs.
Serious cases of chronic intoxication, for example: lead poisoning, mercury
poisoning, morphinism, cocainism, alcoholism; gas or radiation poisoning;
etc.
Chronic affections of locomotion, with obvious functional disorders, for example:
arthritis deformans; primary and secondary progressive chronic polyarthritis;
rheumatism with serious clinical symptoms; etc.
Serious chronic skin diseases, not amenable to treatment.
Any malignant growth.
Serious chronic infectious diseases, persisting for one year after their incep
tion, for example : malaria with decided organic impairment, amoebic or
bacillary dysentery with grave disorders; tertiary visceral syphilis resistant
to treatment; leprosy; etc.
Serious avitaminosis or serious inanition.
B.
ACCOMMODATION IN NEUTRAL COUNTRIES
The following shall be eligible for accommodation in a neutral country:
(i) All wounded prisoners of war who are not likely to recover in captivity, but who
might be cured or whose condition might be considerably improved by accommo
dation in a neutral country.
* The decision of the Mixed Medical Commission shall be based to a great extent on the records
liept by camp physicians and surgeons of the same nationality as the prisoners of war, or on an
examination by medical specialists of the Detaining Power.
258
United Nations — Treaty Series
1950
(2) Prisoners of war suffering from any form of tuberculosis, of whatever organ, and
whose treatment in a neutral country would be likely to lead to recovery or at least
to considerable improvement, with the exception of primary tuberculosis cured
befofe captivity.
(3) Prisoners of war suffering from affections requiring treatment of the respiratory,
circulatory, digestive, nervous, sensory, genito-urinary, cutaneous, locomotive
organs, etc., if such treatment would clearly have better results in a neutral country
than in captivity.
(4) Prisoners of war who have undergone a nephrectomy in captivity for a non-tuber
cular renal affection; cases of osteomyelitis, on the way to recovery or latent;
diabetes mellitus not requiring insulin treatment; etc.
(5) Prisoners of war suffering from war or captivity neuroses.
Cases of captivity neurosis which are not cured after three months of accom
modation in a neutral country, or which after that length of time are not clearly
on the way to complete cure, shall be repatriated.
(6) All prisoners of war suffering from chronic intoxication (gases, metals, alkaloids, etc.),
for whom the prospects of cure in a neutral country are especially favourable.
(7) All women prisoners of war who are pregnant or mothers with infants and small
children.
The following cases shall not be eligible for accommodation in a neutral country :
(1) All duly verified chronic psychoses.
(2) All organic or functional nervous affections considered to be incurable.
(3) All contagious diseases during the period in which they are transmissible, with the
exception of tuberculosis.
II. — GENERAL OBSERVATIONS
(1) The conditions given shall, in a general way, be interpreted and applied in as broad
a spirit as possible.
Neuropathic and psychopathic conditions caused by war or captivity, as well
as cases ot tuberculosis in all stages, shall above all benefit by such liberal interpre
tation. Prisoners of war who have sustained several wounds, none of which, con
sidered by itself, justifies repatriation, shall be examined in the same spirit, with
due regard for the psychic traumatism due to the number of their wounds.
(2) All unquestionable cases giving the right to direct repatriation (amputation, total
blindness or deafness, open pulmonary tuberculosis, mental disorder, malignant
growth, etc.) shall be examined and repatriated as soon as possible by the camp
physicians or by military medical commissions appointed by the Detaining Power.
260__________United Nations — Treaty Series_________1950
(3) Injuries and diseases which existed before the war and which have not become
worse, as well as war injuries which have not prevented subsequent military service,
shall not entitle to direct repatriation.
(4) The provisions of this Annex shall be interpreted and applied in a similar manner
in all countries party to the conflict. The Powers and authorities concerned shall
grant to Mixed Medical Commissions all the facilities necessary for the accomplish
ment of their task.
(5) The examples quoted under (I) above represent only typical cases. Cases which
do not correspond exactly to these provisions shall be judged in the spirit of the
provisions of Article no of the present Convention, and of the principles embodied
in the present Agreement.
262
United Nations— Treaty Series
1950
ANNEX II
REGULATIONS CONCERNING
MIXED MEDICAL COMMISSIONS
(see Article 112)
ARTICLE I
The Mixed Medical Commissions provided for in Article 112 of the Convention
shall be composed of three members, two of whom shall belong to a neutral country,
the third being appointed by the Detaining Power, One of the neutral members shall
take the chair.
ARTICLE 2
The two neutral members s-hall be appointed by the International Committee of
the Red Cross, acting in agreement with the Protecting Power, at the request of the
Detaining Power. They may be domiciled either in their country of origin, in any other
neutral country, or in the territory of the Detaining Power.
ARTICLE 3
The neutral members shall be approved by the Parties to the conflict concerned,
who shall notify their approval to the International Committee of the Red Cross and t<>
the Protecting Power. Upon such notification, the neutral members shall be considered
as effectively appointed.
ARTICLE 4
Deputy members shall also be appointed in sufficient number to replace the regular
members in case of need. They shal! be appointed at the same time as the regular mem
bers or, at least, as soon as possible.
ARTICLE 5
If for any reason the International Committee of the Red Cross cannot arrange
for the appointment of the neutral members, this shall be done by the Power protecting
the interests of the prisoners of war to be examined..
ARTICLE 6
So far as possible, one of the two neutral members shall be a surgeon and the other
a physician.
264_____
United Nations - Treaty Series_________1950
ARTICLE 7
The neutral members shall be entirely independent of the Parties to the conflict,
which shaîl grant them all facilities in the accomplishment of their duties.
ARTICLE 8
By agreement with the Detaining Power, the International Committee of the Red
Cross, when making the appointments provided for in Articles 2 and 4 of the present
Regulations, shall settle the terms of service of the nominees.
ARTICLE 9
The Mixed Medical Commissions shall begin their work as soon as possible after
the neutral members have been approved, and in any case within a period of three
months from the date of such approval.
ARTICLE 10
The Mixed Medical Commissions shall examine all the prisoners designated in Article
113 of the Convention. They shall propose repatriation, rejection, or reference to a
later examination. Their decisions shall be made by a majority vote.
ARTICLE II
The decisions made by the Mixed Medical Commissions in each specific case shall
be communicated, during the month following their visit, to the Detaining Power, the
Protecting Power and the International Committee of the Red Cross. The Mixed Medical
Commissions shall also inform each prisoner of war examined of the decision made, and
shall issue to those whose repatriation has been proposed, certificates similar to the
model appended to the present Convention.
ARTICLE 12
The Detaining Power shall be required to carry out the decisions of the Mixed
Medical Commissions within three months of the time when it receives due notification
of such decisions.
ARTICLE 13
If there is no neutral physician in a country where the services of a Mixed Medical
Commission seem to be required, and if it'is for any reason impossible to appoint
266__________United Nations — Treaty Series_________1950
neutral doctors who are resident in another country, the Detaining Power, acting in
agreement with the Protecting Power, shall set up a Medical Commission which shall
undertake the same duties as a Mixed Medical Commission, subject to the provisions
of Articles i, 2, 3, 4, 5 and 8 of the present Regulations.
ARTICLE 14
Mixed Medical Commissions shall function permanently and shall visit each camp
at intervals of not more than six months.
268__________United Nations — Treaty Series_________1950
ANNEX III
REGULATIONS CONCERNING COLLECTIVE RELIEF
(see Article 73)
ARTICLE I
Prisoners' representatives shall be allowed to distribute collective relief ship
ments for which they are responsible, to all prisoners of war administered by their camp,
including those who are in hospitals, or in prisons or other penal establishments.
ARTICLE 2
The distribution of collective relief shipments shall be effected in accordance with
the instructions of the donors and with a plan drawn up by the prisoners' representa
tives. The issue of medical stores shall, however, be made for preference in agreement
with the senior medical officers, and the latter may, in hospitals and infirmaries, waive
the said instructions, if the needs of their patients so demand. Within the limits thus
defined, the distribution shall always be carried out equitably.
ARTICLE 3
The said prisoners' representatives or their assistants shall be allowed to go to
the points of arrival of relief supplies near their camps, so as to enable the prisoners'
representatives or their assistants to verify the quality as well as the quantity of the
goods received, and to make out detailed reports thereon for the donors.
ARTICLE 4
Prisoners' representatives shall be given the facilities necessary for verifying whether
the distribution of collective relief in all subdivisions and annexes of their camps has
been carried out in accordance with their instructions.
ARTICLE 5
Prisoners' representatives shall be allowed to fill up, and cause to be filled up by
the prisoners' representatives of labour detachments or by the senior medical officers of
infirmaries and hospitals, forms or questionnaires intended for the donors, relating to
collective relief supplies (distribution, requirements, quantities, etc.). Such forms and
questionnaires, duly completed, shall be forwarded to the donors without delay.
270__________United Nations — Treaty Series_________1950
ARTICLE 6
In order to secure the regular issue of collective relief to the prisoners of war in
their camp, and to meet any needs that may arise from the arrival of new contingents of
prisoners, prisoners' representatives shall be allowed to build up and maintain adequate
reserve stocks of collective relief. For this purpose, they shall have suitable warehouses
at their disposal ; each warehouse shall be provided with two locks, the prisoners' repre
sentative holding the keys of one lock and the camp commander the keys of the other.
ARTICLE 7
When collective consignments of clothing are available, each prisoner of war shall
retain in his possession at least one complete set of clothes. If a prisoner has more than
one set of clothes, the prisoners' representative shall be permitted to withdraw excess
clothing from those with the largest number of sets, or particular articles in excess of one,
if this is necessary in order to supply prisoners who are less well provided, He shall not,
however, withdraw second sets of underclothing, socks or footwear, unless this is the
only means of providing for prisoners of war with none.
ARTICLE 8
The High Contracting Parties, and the Detaining Powers in particular, shall authorize,
as far as possible and subject to the regulations governing the supply of the population,
all purchases of goods made in their territories for the distribution of collective relief
to prisoners of war. They shall similarly facilitate the transfer of funds and other finan
cial measures of a technical or administrative nature taken for the purpose of making
such purchases,
ARTICLE 9
The foregoing provisions shall not constitute an obstacle to the right of prisoners of
war to receive collective relief before their arrival in a camp or in the course of transfer,
nor to the possibility of representatives of the Protecting Power, the International Com
mittee of the Red Cross, or any other body giving assistance to prisoners which may be
responsible for the forwarding of such supplies, ensuring the distribution thereof to
the addressees by any other means that they may deem useful.
272
1950
United Nations — Treaty Series
ANNEX IV
A. IDENTITY CARD
(see Article 4)
•uo£t«3Trnaapi siq ui ^SJSSB oj 'sapu
-oqjnv SnfnjBjaQ yq\ 01 prea aqj pusq
aono ye n«q;i aq; 'isaonud carç^ ei jaj^aq
aqt JI 'patiSGi E; ){ moqM. o; nouad aq>
Xq »nrçi n* Ï* paixi^a aq isnui p«o sqj,
•raaqi 30 ^red )on OJB jnq
enotiad o; pantn sj praa X^uapi siqj,
aaiiON
IT
«a
"3
^
tS
'H
B.
o
a
o
•J3
8
1
M
—•
Fingerprini
»w
O
forefinger)
(Left
-o^
u
1
X
a
(-SS3o
ssXg
TO
jqSpM
î
(Name of the country and military
authority issuing this card)
:
Photograph :
of the
bearer
IDENTITY CARD
FOR A PERSON WHO ACCOMPANIES
THE ARMED FORCES
Date and place of
Accompanies the An
Date of issue
Signature of bearer
Remarks. — This card should be made out for preference in two or
three languages, one oi which is in international use. Actual size of the
card: 13 by 10 centimetres. It should be folded along the dotted line.
1950
United Nations — Treaty Series
274
ANNEX IV
B. CAPTURE CARD
(see Article 70)
|
PRISONER OF WAR MAIL
Postage free
CAPTURE CARD FOR PRISONER OF WAR
i. Front
IMPORTANT
This card must be completed
by each prisoner immediately
after being taken prisoner and
each time hia address is changed
(by reason of transfer to a hos
pital or to another camp).
This card is distinct from
the speciaL card which each
prisoner is allowed to send to
his relatives.
Write legibly and in
block letters
2. Name
2, Reverse
side
CENTRAL PRISONERS
OF WAR AGENCY
INTERNATIONAL COMMITTEE
OF
THE
RED
CROSS
GENEVA
SWITZERLAND
i . Power on which the
prisoner depends „.,......„ .. .,...„, ... ,,„.,,..... ...
3. First names (in full)
4. First name of father
5. Date of birth ,...,.„.„„.„„....„.,.,...........„...... 6. Place of birth ..,.„.............„.,..„.„„.,„„-......... ..,.„.,„.„.
7. Rank ..........,...,,,..,.,,..,.,,.,,.,.,,,,,,,,,,,,.,,.1,.,,,,,.,..,,,...,.,.,...,....™^
*io. Taken prisoner on: (or)
Coming from (Camp No., hospital, etc.) ..,..„.„.,.,. „.,..,.,..,... ..„ ..... ... .... ,.....,.,.. .. .... ... . ..
*n. (a.) Good health — (b) Not wounded — (c) Recovered — (d) Convalescent —
(e) Sick — (/) Slightly wounded — (g) Seriously wounded.
12. My present address is: Prise
13. Date.............................................................. ......... 14. Signature, „....,....,...„...„.......„.,.„.,.,. .,. „„.,„..,„ . ..
* Strike out what is not applicable — Do not add any remarks — See explanations
overleaf.
Remarks.—This form should be made out in two or three languages,
particularly in the prisoner's own language and in that of the Detaining Power.
Actual size : 15 by 10.5 centimetres.
276
United Nations — Treaty Series
1950
ANNEX IV
C. CORRESPONDENCE CARD AND LETTER
(see Article yi)
I. CARD.
PRISONER OF WAR MAIL
i. Front
Postage free
POST CARD
To ...........
Sender :
Place and date of birth
Place of Destination
Prisoner of War No.
Ç +«»*• +
Name of camp
Country where posted
NAME or CAMP M.................... .„.,..„„.„„..„„..,.„.„„,„„.„.„.„....,„..„...,,.„.„„....„ Date
2. Reverse
side
Write on the dotted lines only and as legibly as possible.
Remarks.—This form should be made out in twu or thrt-t languages, par
ticularly in the prisoner's own language and in that of the Detaining Power.
Actual size of form: 15 by 10 centimetres.
278
1950
United Nations — Treaty Series
ANNEX IV
C. CORRESPONDENCE CARD AND LETTER
(see Article 71}
2. LETTER
.C
o-a
PRISONER OF WAR MAIL
f u
u *
I/] *J
^
Postage free
H44'rH
o £ '- .2
J3 ..*- u
•iio^
>-•
Place
- -.
Street
.-a g
2 ï e
Country
Department or Province
•« "I
—• cj rt
jo
•ON
JO
2'3
3 *j *-«
JO
^a^
Q
U
</]
e!2
S3UIBU
31-3.80
'
280
United Nations — Treaty Series
ANNEX IV
D. NOTIFICATION OF DEATH
(see Article 120)
(Title of responsible
authority)
NOTIFICATION OF DEATH
Power on which the
prisoner depended ....
Name and first names .............................................
First name of father
Place and date of birth
Place and date of death
Rank and service number (as given on
identity disc)
Address of next of kin
Where and when taken prisoner
Cause and circumstances of death
Place of burial
Is the grave marked and can it be found
later by the relatives ?
Are the personal effects of the deceased
in the keeping of the Detaining Power
or are they being forwarded together
with this notification ?
If forwarded, through what agency ?
Can the person who cared for the deceased
during sickness or during his last
moments (doctor, nurse, minister of
religion, fellow prisoner) give here or
on an attached sheet a short account
of the circumstances of the death and
burial?
(Date, seal and signature of responsible
authority.)
Signature and address of two witnesses
Remarks.—This form should be made out in two or thret languages, par
ticularly in the prisoner's own language and in that of the Detaining Power.
Actual size of the form: 21 by 30 centimetres.
1950
282__________ United Nations — Treaty Series_________1950
ANNEX IV
E. REPATRIATION CERTIFICATE
(see Annex II, Article n)
REPATRIATION CERTIFICATE
Date:
Camp:
Hospital ;
Surname :
First names :
Date of birth :
Rank:
Army Number :
P. W. Number :
Injury Disease :
Decision of the Commission :
Chairman of the
Mixed Medical Commission
A = direct repatriation
B = accommodation in a neutral country
NC = re-examination by next Commission
284__________United Nations — Treaty Series_________1950
ANNEX V
MODEL REGULATIONS CONCERNING PAYMENTS SENT
BY PRISONERS TO THEIR OWN COUNTRY
(see Article 63}
(1) The notification referred to in the third paragraph of Article 63 will show:
(a)
(b)
(c)
number as specified Jn Article 17, rank, surname and first names of the pris
oner of war who is the payer;
the name and address of the payee in the country of origin;
the amount to be so paid in the currency of the country in which he is detained.
(2) The notification will be signed by the prisoner of war, or his witnessed mark made
upon it if he cannot write, and shall be countersigned by the prisoners' representa
tive.
(3) The camp commander will add to this notification a certificate that the prisoner
of war concerned has a credit balance of not less than the amount registered as
payable.
(4) The notification may be made up in lists, each sheet of such lists being witnessed by
the prisoners' representative and certified by the camp commander.